Alagarsamy v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/09/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16680 of 2023

1.Alagarsamy

2.Sureshkumar

3.Arunkumar

4.Palaniyammal

5.Sulochana

6.Murugan

7.Marichamy

8.Alagunathi

9.Tamilselvi

10.Puvaneshwaran

11.Ramkumar

12.Manikandan

13.Manimala

14.Murugan

15.Manojkumar

16.Sakkammal

17.Perumal

18.Meena

19.Koodalarasi

20.Easwari

21.Muthupriya

22.Rajaram

23.Muthulakshmi

24.Shanmugapriya

25.Ramesh

26.Saranya ... Petitioners/Accused Nos.1 to 7,

9 to 11 and 13 to 28

Vs The State, represented by The Inspector of Police, Chinnamanur Police Station, Theni District. Crime No.343 of 2023. ... Respondent/Complainant For Petitioner : Mr.S.Malaikani,

Advocate.

For Respondent : S.Manikandan,

Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.343/2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 7, 9 to 11 and 13 to 28, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 427, 506(ii) and 380(ND) of I.P.C., in Crime No.343 of 2023 on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that there was dispute between the complainant's party and the petitioners in the year 2022 over having post of Uravinmurai and handle the accounts. In March 2023, handed over in the presence of Deputy Superintendent of Police. On 03.08.2023, at about 11.00 p.m., the petitioners gathered in front of Palpandi's father's house used filthy language and broke the shop worth about Rs.2,00,000/-. Hence, the complaint.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. The counter case in Crime No.342 of 2023 has been registered against the defacto complainant and others.

¶4The learned Government Advocate (Crl. Side) for the respondent police submitted that there is no injured in this case.

¶5Considering the nature of offence and also considering that there is no injured in this case, this Court is inclined to grant anticipatory bail to the petitioners.

¶6Accordingly, 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, Uthamapalayam, Theni District, 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.

¶7The 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/- 14/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. Indu TO

¶1The Judicial Magistrate, Uthamapalayam, Theni District.

¶2Do through the Chief Judicial Magistrate, Theni District.

3.The Inspector of Police, Chinnamanur Police Station, Theni District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S.MALAIKANI, Advocate ( SR-13634[I] dated 14/09/2023 ) ORDER IN CRL OP(MD) No.16680 of 2023 Date :14/09/2023 SSA/JGB/03.10.2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023