Kandhasamy v. The Inspector Of Police

CRL OP(MD). No.20751 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.20751 of 2021

1. Kandhasamy

2. Palanimanickam

3. Kalaimathi

4. Nagalakshmi ... Petitioners/Accused Nos.1 to 4 Vs The State rep.by The Inspector of Police, Thuvakudi Police Station, Trichy District.

Cr.No. 558 of 2021.

... Respondent/Complainant For Petitioners: Mr.K.GOKUL, 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.558 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 324, 323, 506(2) IPC, in Crime No.558 of 2021, seek anticipatory bail.

2.The case of the prosecution is that there was civil dispute between the parties, on 06.12.2021 at about 10.00AM, the accused persons assaulted the defacto complainant with stone, iron rod and wooden logs and also threatened them with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the injured was discharged from the hospital and that the petitioners are not having any previous case at their credit. Hence, prays to release them on anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the injured was discharged from the hospital and the first petitioner is having one previous case and other petitioners are not having any previous case at their credit. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.20751 of 2021 5.Considering the facts and circumstances of this case, even though, the first petitioner is having one previous case only for the offence under Section 506(i)IPC, other petitioners are not having any previous case at their credit, that nature of dispute between the two groups with regard to land, that the injured was discharged from the hospital and this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate No.VI, Tiruchirappalli and on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two common 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 am for a period of one month and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 23/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.VI, TIRUCHIRAPPALLI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI DISTRICT.

3 THE INSPECTOR OF POLICE, THUVAKUDI POLICE STATION, TRICHY DISTRICT.

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

ORDER IN CRL OP(MD) No.20751 of 2021 Date :23/12/2021 SA/CN/SAR.1/10.01.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2