Madras High CourtCRL OP(MD)/16282/2023granted

Muthukutti v. The Inspector Of Police

2023-09-08Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Muthukutti

2. Sarathkumar ... Petitioners/Accused Nos.1 & 2 Vs State Rep.by The Inspector of Police, Alwarkurichi Police Station, Tenkasi District.

(Crime No.193 of 2023).

... Respondent/Complainant For Petitioners : M/s.Rathna Vel Pandian.C, Advocate. For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.193 of 2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners/ Accused apprehends arrest at the hands of the respondent police for the offences under Sections 294(b), 324 and 506(ii) of IPC in Crime No.193 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 01.09.2023 at about 02.00 p.m., when the defacto complainant was grazing his cattle, wordy altercation arose between the 1/3

petitioners and defacto complainant. The petitioners alleged to have attacked the defacto complainant with Aruval and criminally intimidated him. In this incident, the defacto complainant sustained injury and admitted in the hospital. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioners are innocents, they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution.

4. Learned Additional Public Prosecutor would submit that trouble arose between the neighbours over a issue of grazing the cattle. No previous case has been registered against the petitioners.

5.Considering the facts and circumstances of this case and also the fact that this case has been registered over a simple dispute between the neighbours, this Court is inclined to grant relief to the petitioners.

6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Ambasamudram, Tirunelveli District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police 2/3

daily at 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 of Cr.P.C., scrupulously.

7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 08/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO 1 THE JUDICIAL MAGISTRATE, AMBASAMUDRAM, TIRUNELVELI DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, ALWARKURICHI POLICE STATION, TENKASI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.16282 of 2023 Date :08/09/2023 RS/JGB/SAR-(25.09.2023) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3