Palaniyammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/11/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Palaniyammal 2.Balasubramaniyan ... Petitioners/Accused No 1 & 2 Vs The State rep.by, The Inspector of Police, Ponmalai Police Station, Trichy City.

Cr.No.1090/2022. ... Respondent/Complainant For Petitioner : M/s.Karunakaran K M, Advocate.

For Respondent : Mr.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 1090/2022 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 448, 294(b), 323 & 506(i) IPC in Crime No.1090 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to the previous land dispute between the parties, the petitioners abused the defacto complainant in filthy language, attacked him and threatened him with dire consequences. Hence, the complaint.

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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 and money dispute between the parties. No one has sustained injuries in this case.

5. Considering the nature of offence, the overt act attributed against the petitioners and no one has sustained injuries, 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.V, Trichy, 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 will stand dismissed.

sd/- 16/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM 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.V, TRICHY,

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

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3.THE INSPECTOR OF POLICE, PONMALAI POLICE STATION, TRICHY CITY.

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

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-13101[I] dated 16/11/2022 )

ORDER

IN CRL OP(MD) No.20285 of 2022 Date :16/11/2022 RK/VR/SAR-2 (21/11/2022) 3P/6C 3/3