Rasiyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Rasiyappan

2. Jothi @ Jothibas

3. Mani @ Manimaran

4. Aandavan ... Petitioner/Accused No.1 to 4 Vs State Rep.by The Inspector of Police, Singampunari Police Station, Sivagangai District.

Crime No. 172/2023.

... Respondent/Complainant For Petitioners :

M/s Thirupathy.S, 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.172 of 2023 on the file of the respondent Police.

ORDER : The Court made the following order :- 1/4

The petitioners/Accused No.1 to 4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b), 323, 324, 355, 506(ii) and 506(i) of IPC, in Crime No.172 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to submitting the income and expenditure accounts in respect of Jallikattu Conducted in this current year, the dispute arose between the defacto complainant one Loganathan and the petitioners. On 27.08.2023 at about 09.00 p.m., the petitioners wrongfully restrainined the defacto complainant in front the Government Veterinary hospital and the petitioners made life threat to him. Thereafter, when the defacto complainant went to his native place, again the petitioners restrained him, abused in filthy language, attacked him. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the injured in this case has been discharged from the hospital. There is no previous case against the petitioners 2 to 4. The first petitioner was having one previous case under special Act, that was also disposed of.

5. Considering the nature of offence, the injured person has been discharged 2/4

from the hospital and the previous case pending against the first petitioner was also disposed of, this Court is inclined to grant anticipatory bail 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, Simgampunari, 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 daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 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 made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 12/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM 3/4

TO 1 THE JUDICIAL MAGISTRATE, SINGAMPUNARI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, SINGAMPUNARI POLICE STATION SIVAGANGAI DISTRICT.

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

+1 CC to M/s.S.THIRUPATHY, Advocate ( SR-13536[I] dated 12/09/2023 )

ORDER

IN CRL OP(MD) No.16417 of 2023 Date :12/09/2023 RS/VRS/SAR-(20.09.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4