← Library
Madras High CourtCRL OP(MD)/16960/2023granted

Panjavaranam v. The Inspector Of Police

2023-09-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. M.Panjavarnam,

2. M.Alagubhavani, ... Petitioners/Accused 1 & 2 Vs The Inspector of Police, Narikudi Police Station, Thiruchuli Taluk, Viridhunagar District.

(Crime No.91 of 2023).

... Respondent/Complainant For Petitioner : M/s.ASAITHAMBI.A.C, Advocate.

For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.91 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 & 2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b), 324 1/4

and 307 of IPC, in Crime No.91 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are the brother and sister. Over sharing of properties, there is a dispute between them. Due to enmity over the same, the petitioner quarrelled with the defacto complainant, abused her in filthy language, attacked each others and criminally intimidated. 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.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is a land dispute between the parties. The injured in this case has been discharged from the hospital.

5. Considering the nature of offence, the limited overt act attributed against the petitioners, the injured person has been discharged from the hospital and it is a dispute over sharing the properties, 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, Thiruchuli, on condition that the petitioners shall execute 2/4

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/- 20/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE JUDICIAL MAGISTRATE, THIRUCHULI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, NARIKUDI POLICE STATION, THIRUCHULI TALUK, VIRIDHUNAGAR DISTRICT.

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

3/4

+1 CC to M/s.A.C.ASAITHAMBI, Advocate ( SR-13876[I] dated 20/09/2023 )

ORDER

IN CRL OP(MD) No.16960 of 2023 Date :20/09/2023 SA/VR/SAR. /27.09.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4