Arjunan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/09/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN 1.Arjunan 2.Raja 3.Sumathi 4.Susila 5.Anusiya 6.Madhivadhini ... Petitioners / Accused Nos.1 to 6 Vs The State, represented by its The Inspector of Police, Lalapet Police Station, Karur District.

(Crime No.306 of 2023.) ... Respondent / Complainant For Petitioners :

Mr.D.S.Haroon Rasheed, Advocate.

For Respondent :

Mr.R.Suresh Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.306 of 2023 on the file of the Respondent police.

1/4

ORDER : The Court made the following order :- The petitioners/Accused No.1 to 6, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 324, 355 I.P.C., and Section 4 of TNPWH Act, in Crime No.306 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant has purchased the undivided ancestral property of the first accused to an extent of 9 cents out of 15 cents. When the defacto complainant tried to survey the above said property, the accused persons objected for the same stating that the marking of four boundaries was in correct, for which, all the accused persons joined together on 15.06.2023 at about 11.15 a.m., abused the defacto complainant and assaulted her using bricks. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they did not commit the alleged offence. Further, the defacto complainant tried to encroach the other property of the petitioners by making fence.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that it is a case and counter case and the counter case has been registered in Crime No.307 of 2023 and the injured has been discharged from the hospital.

5. Considering the nature of offence, it is a case and counter case and the 2/4

injured has been discharged from the hospital, 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 No.1, Kulithalai, 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 as and when required. 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/- 13/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU 3/4

To 1.The Judicial Magistrate No.I, Kulithalai.

2.Do through the Chief Judicial Magistrate, Karur District.

3.The Inspector of Police, Lalapet Police Station, Karur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.16612 of 2023 Date :13/09/2023 ED/VRS/SAR- (21/09/2023) 4P / 5 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4