Santhakumar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Santhakumar

... Petitioner/Sole Accused

Vs The State, represented by The Inspector of Police, Peravurani Police Station, Thanjavur District. (Crime No.176 of 2023).

... Respondent/Complainant

For Petitioner : Mr.S.Sukumar,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.176 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), 355, 324 and 506(ii) of I.P.C, in Crime No.176 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the defacto complainant is the father of the petitioner. Already partition was done among the family members. While so, on

27.03.2023, the defacto complainant cut tender coconut in his share. On came to know that, on 31.05.2023 at about 4.30 p.m., the petitioner herein came and abused the petitioner in filthy language, attacked him with chappel and iron rod, and also threatened with dire consequences.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any such offence as alleged by the prosecution. Due to civil dispute, a false complaint has been foisted against the petitioner.

¶4The learned Government Advocate (Crl. Side) for the respondent Police submitted that it is the issue between the father and son over property dispute and injured is discharged from the hospital. The petitioner is involved in one previous case and the same was disposed of.

¶5Considering the facts and circumstances and also considering that it is the issue between the father and son, injured is discharged from the hospital now, no previous case is pending against the petitioner, 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 District Munsif cum Judicial Magistrate, Peravurani, Thanjavur District, 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/-

05/09/2023

/ TRUE COPY /

/09/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. indu TO

1.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PERAVURANI, THANJAVUR DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.

3.THE INSPECTOR OF POLICE, PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

¶4THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.SUKUMAR, Advocate ( SR-13409[I] dated 08/09/2023 ) ORDER IN CRL OP(MD) No.16065 of 2023 Date :05/09/2023 RK/JGB (11/09/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023