Periyasamy v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12145 of 2023 Periyasamy, ... Petitioner/Sole Accused

Vs The State represented by The Inspector of Police, K.Pudupatti Police Station, Pudukkottai District. (In Crime No.98 of 2023). ... Respondent/Complainant For Petitioner : M/s.E.Balasubramanian, Advocate. For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 98 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 295, 323 and 506(i) of IPC in Crime No.98 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner along with his wife encroached the defacto complainant's property. When the same was questioned, the petitioner threw iron rod on the defacto complainant and pulled down and cut the sacred thread and threatened him to sign the papers to transfer the ownership to him and also caused criminal intimidation. Hence ,the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

¶4The learned Government Advocate (Crl. Side) for the respondent police submitted that there is a land dispute between the parties.

¶5Considering the nature of offence and considering the fact there is land dispute between the parties, this Court is inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Thirumayam, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

¶7The petitioner 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/- 05/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. tm TO 1 THE JUDICIAL MAGISTRATE, THIRUMAYAM. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT. 3 THE INSPECTOR OF POLICE K.PUDUPATTI POLICE STATION, PUDUKKOTTAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.E.BALASUBRAMANIAN, Advocate ( SR-10228[I] dated 05/07/2023 ) ORDER IN CRL OP(MD) No.12145 of 2023 Date :05/07/2023 SS/10/07/2023/2P/6C