Rabina Beevi v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1.Rabina Beevi

2.Mathina Beevi @ Madinabeevi

3.Sheik Mohamed

4.Kadharsha @ Kadarsha ... Petitioners/Accused Nos.1 to 4

Vs The State, represented by The Inspector of Police, Keeramangalam Police Station, Pudukkottai District. (Crime No.127 of 2023). ... Respondent/Complainant For Petitioners : Mr.R.M.Arun Swaminathan,

Advocate. 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.127 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324 of I.P.C, in Crime No.127 of 2023 on the file of the respondent Police, seeks anticipatory bail.

¶2The case of the prosecution is that on 27.08.2023 at about 7.00 p.m., the defacto complainant has laid stone in the filed. At that time, the petitioners enquired the same using filthy language and also assaulted the defacto complainant. Due to the said incident, the defacto complainant sustained internal injury. Hence, the complaint.

¶3The learned counsel for the petitioner would submit that the fourth petitioner and his son initiated eviction of encroachments made on water body and also filed a Writ Petition before this Court in W.P(MD) No.6804 of 2023, which is pending. To wreck vengeance, the defacto complainant and several persons attacked the petitioners. Due to which, the petitioners sustained grievous injury, over which, a complaint has been given by the petitioners.

¶4The learned Government Advocate (Crl. Side) for the respondent Police submitted that it is a case and counter case and the injured have been discharged from the hospital.

¶5Considering the facts and circumstances of this case and also considering that it is a case and counter case and the injured have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

¶6Accordingly, this Criminal Original Petition is allowed and petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Alangudi, Pudukkottai District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common 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. 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/-

19/09/2023

/ TRUE COPY /

/10/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. INDU TO 1 THE JUDICIAL MAGISTRATE, ALANGUDI, PUDUKKOTTAI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT. 3 THE INSPECTOR OF POLICE KEERAMANGALAM POLICE STATION, PUDUKOTTAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.RM.ARUNSWAMINATHAN, Advocate ( SR-13834[I] dated 19/09/2023 ) ORDER IN CRL OP(MD) No.16878 of 2023 Date :19/09/2023 SS/VRS/03/10/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023