S.Selvaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. S.Selvaraj
2. S.Sathya
3. S.Anbazhagan
4. K.Paramasivam ... Petitioners/Accused 1 to 4 Vs The State rep.by, The Inspector of Police, Veerapandi Police Station, Theni District.
Crime No.193 of 2022.
... Respondent For Petitioners : M/s.Manickam R, Advocate For Respondent : Mr.M.Veerendhiran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.193 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 109, 294(b), 323, 324, 447 and 506(ii) of IPC in Crime No.193 of 2022, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to property dispute, the petitioners, abused the defacto complainant in filthy language, 1/3
attacked him with hands and wooden log and also threatened him with dire consequences. Hence, the complaint.
3.The learned counsel for the petitioners submits that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. He would further submit that in respect of the very same occurrence, FIR in Crime No.192 of 2022 has been registered against the defacto complainant and others and also submitted that in the aforesaid occurrence, both side got injured.
4. The learned Government Advocate(Crl.Side) appearing for the respondent submits that no previous case is pending against the petitioners and also submitted that the injured has been discharged from the hospital.
5.It appears that it is a case in counter arose out of the property dispute between two group of people. On 25.05.2022 at about 11.00 am again a trouble arose between two group of people, in which, both side got injured, over which, the present FIR in Crime No.192 of 2022 has been registered.
6.Considering the facts and the circumstances of this case and also considering the facts that it is a case in counter, the injured person has been discharged from the hospital and no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, however, with stringent conditions.
7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Theni, Theni District, and on their executing 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 as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
8.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/- 02/12/2022 / TRUE COPY / 16/12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.THE JUDICIAL MAGISTRATE, THENI, THENI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI.
3.THE INSPECTOR OF POLICE, VEERAPANDI POLICE STATION, THENI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.MANICKAM, Advocate ( SR-14231[I] dated 02/12/2022 )
ORDER
IN CRL OP(MD) No.21368 of 2022 Date :02/12/2022 RK/BUC/SAR-2 (16/12/2022) 3P/6C 3/3