Sannappareddy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN 1.Sannappareddy 2.Velmurugan 3.Vadivel ... Petitioners/Accused Nos.1 to 3 Vs The State, represented by The Inspector of Police, Vaiyampatty Police Station, Manapparai Sub-Division, Tiruchirappall District.
Crime No.405 of 2023.
... Respondent/Complainant For Petitioner : Mr.T.M.Madasamy, 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.405 of 2023 on the file of the Respondent police.
ORDER : The Court made the following order :- 1/4
The petitioners/Accused No.1 to 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 I.P.C., in Crime No.405 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 25.08.2023, when the defacto complainant cut the coccinia grandis plant in his land, the accused persons questioned the same and attacked him and his son. 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. Actually, there is live fencing between the lands of petitioners and the defacto complainant. On 25.08.2023 the first petitioner found that the defacto complainant and his son removing the live fencing by cutting trees in the fencing. When the same was objected by the first petitioner, they were attacked with wooden log by the defacto complainant and his son.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that it is a case and counter case. Upon the very same occurrence, two First Information Reports have been registered that one is the present Crime No.405 of 2023 and another is Crime No.404 of 2023, which is registered upon the complaint given by the petitioners' party. In both the cases, injured have been discharged from the hospital.
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5. Considering the nature of offence, it is a case and counter case, the injured persons in both the cases have 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, Manapparai, 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/- 22/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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INDU TO THE JUDICIAL MAGISTRATE,MANAPPARAI.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI DISTRICT. THE INSPECTOR OF POLICE VAIYAMPATTY POLICE STATION MANAPPARAI SUB DIVISION,TIRUCHIRAPPALLI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.T.M.MADASAMY, Advocate ( SR-14035[I] dated 22/09/2023 )
ORDER
IN CRL OP(MD) No.16937 of 2023 Date :22/09/2023 PKP/VRS/SAR- /11.10.2023/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4