Alagarsamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/09/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16680 of 2023 1.Alagarsamy 2.Sureshkumar 3.Arunkumar 4.Palaniyammal 5.Sulochana 6.Murugan 7.Marichamy 8.Alagunathi 9.Tamilselvi 10.Puvaneshwaran 11.Ramkumar 12.Manikandan 13.Manimala 14.Murugan 1/5
15.Manojkumar 16.Sakkammal 17.Perumal 18.Meena 19.Koodalarasi 20.Easwari 21.Muthupriya 22.Rajaram 23.Muthulakshmi 24.Shanmugapriya 25.Ramesh 26.Saranya ... Petitioners/Accused Nos.1 to 7, 9 to 11 and 13 to 28 Vs The State, represented by The Inspector of Police, Chinnamanur Police Station, Theni District.
Crime No.343 of 2023.
... Respondent/Complainant For Petitioner : Mr.S.Malaikani, Advocate.
For Respondent : S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C 2/5
PRAYER :- For Anticipatory Bail in Crime No.343/2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 7, 9 to 11 and 13 to 28, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 427, 506(ii) and 380(ND) of I.P.C., in Crime No.343 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that there was dispute between the complainant's party and the petitioners in the year 2022 over having post of Uravinmurai and handle the accounts. In March 2023, handed over in the presence of Deputy Superintendent of Police. On 03.08.2023, at about 11.00 p.m., the petitioners gathered in front of Palpandi's father's house used filthy language and broke the shop worth about Rs.2,00,000/-. 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. The counter case in Crime No.342 of 2023 has been registered against the defacto complainant and others.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is no injured in this case. 3/5
5. Considering the nature of offence and also considering that there is no injured in this case, 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, Uthamapalayam, Theni 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 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/- 14/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Indu 4/5
TO
1. The Judicial Magistrate, Uthamapalayam, Theni District.
2. Do through the Chief Judicial Magistrate, Theni District.
3.The Inspector of Police, Chinnamanur Police Station, Theni District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.MALAIKANI, Advocate ( SR-13634[I] dated 14/09/2023 )
ORDER
IN CRL OP(MD) No.16680 of 2023 Date :14/09/2023 SSA/JGB/03.10.2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5