M.Sakthivel v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13914 of 2023

1.M.Sakthivel

2.S.Saravanan

3.S.Santhru ... Petitioners / Accused Rank not known Vs State rep. by The Inspector of Police, Jumbunathapuram Police Station, Musuri Taluk, In Crime No. not known of 2023 Trichy District.

... Respondent/Complainant For Petitioners : M/s.M.Karthick For Respondent : Mr.R.Suresh Kumar

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.not known of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused Rank not known, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 321, 506(ii) of IPC, in Crime No.not known of 2023, on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that on 21.07.2023, one Shankar who is a relative of the defacto complainant has driven his tractor vehicle through the petitioners land. At that time the petitioner's mother scolded the said Shankar for his act. Later the said Shankar along with the defacto complainant went to the petitioner's house to enquire about the issue. At that time, the petitioners herein abused the defacto complainant with filthy language, assaulted with wooden stick and criminally intimidated the defacto complainant. In this incident, defacto complainant sustained injuries and admitted in the hospital. Hence the complaint.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution.

¶4The learned Government Advocate (Crl.side) would submit that this is a issue between the neighbors over the use of pathway and because of the issue only trouble has arisen. The injured in this case has been discharged from the hospital. No previous case is registered against the petitioners.

¶5The learned counsel for the petitioner submitted that the fencing of the petitioners was damaged by the defacto complainant and no complaint was registered by the petitioners against the defacto complainant.

¶6Considering the facts and circumstances of this case and also the fact that the petitioner is not having any previous cases, this Court is inclined to grant anticipatory bail to the petitioner.

¶7Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Musuri, 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 petitioners 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.

¶8The 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/-

31/07/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. pnn To

¶1The Judicial Magistrate, Musuri.

¶2Do through the Chief Judicial Magistrate, Thiruchirapalli.

3.The Inspector of Police, Jumbunathapuram Police Station, Musuri Taluk, Trichy District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.13914 of 2023 Date : 31.07.2023 AMS/VRS/10.08.2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023