Babu @ Thanga Babu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/11/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19094 of 2022 Babu @ Thanga Babu ... Petitioner/Accused Vs State rep.by The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.

(Crime.No.131 of 2022).

... Respondent/Complainant For Petitioner : M/s.Karthikeyavenkitachalapathy, Advocate For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.131 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 324, 506(ii) IPC, in Crime No.131 of 2022, seeks anticipatory bail.

2.The earlier anticipatory bail petition filed by the accused persons, including the petitioner was partly allowed by this Court on 29.06.2022. Considering the previous antecedents of the

petitioner, the petition filed for anticipatory bail was dismissed as against the petitioner herein. However, the petitioner again approached this Court by filing this petition seeking anticipatory bail.

3.As per the direction of this Court, FIR in Cr.No.198 of 2019, was produced by the prosecution. It is seen from the FIR that there was a dispute between two groups, with regard to administration of school, over which, a civil suit in O.S.No.142 of 2018 was filed and Judgment was rendered in favour of school administration, based on which, the present FIR has been registered.

4.Considering the facts and circumstances of the case, nature of dispute between the parties, this Court is inclined to enlarge the petitioner on anticipatory bail.

5.Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.V, Tirunelveli, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioner 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/- 23/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM

TO

1. THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, MUNNEERPALLAM POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.KARTHIKEYAVENKITACHALAPATH Advocate SR.No.56921

ORDER

IN CRL OP(MD) No.19094 of 2022 Date :23/11/2022 SP/SSS/SAR I/29/11/2022/3P/6C