Muniyandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Muniyandi 2.Alagappa 3.Mathilagan 4.Umamaheswari 5.Alagumeena 6.Selvakani 7.Kaleeswari ... Petitioner/ Accused Nos.1 to 7 Vs State represented by The Inspector of Police, Kariapatti Police Station, Virudhunagar District.
Cr.No.189 of 2023.
... Respondent/Complainant For Petitioners : M/s.S.Manoj Kumar, Advocate. For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl.side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.189 of 2023 on the file of the Respondent police.
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ORDER : The Court made the following order :- The petitioners/ Accused apprehends arrest at the hands of the respondent police for the offences under Sections 147, 148, 506(ii), 294(b), 323, 109 of IPC and Section 4 of Women Harassment Act, in Crime No.189 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 12.09.2023, the defacto complainant's father-in-law died and during the funeral they bursted crackers the same was questioned by the petitioners. A wordy quarrel arose between them. In this incident, the petitioners alleged to have threatened the defacto complainant with dire consequences. Hence the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are an innocent, they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution.
4. Learned Government Advocate (Crl.side) would submit that trouble arose between the neighbours due to bursting of crackers. The first accused is having one previous case. A counter case in Crime No.190 of 2023 has been registered against the defacto complainant party.
5. Considering the facts and circumstances of this case and also the fact that a counter case has also been filed against the defacto complainant, this Court is inclined 2/4
to grant relief 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.II, Virudhunagar, 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 of 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 is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 21/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN TO THE JUDICIAL MAGISTRATE NO.II VIRUDHUNAGAR.
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DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE , VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.
THE INSPECTOR OF POLICE KARIAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.17073 of 2023 Date :21/09/2023 PKP/DD/SAR- /10.10.2023/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4