Sivagiri v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM

¶1Sivagiri

¶2Natarajan ... Petitioners/Accused No.2 & 4

Vs The State represented by The Inspector of Police, Kannivadi Police Station, Dindigul District. Crime No.196 of 2023.. ... Respondent/Complainant For Petitioners : Mr.K.MU.Muthu,

Advocate. For Respondent : Mr.Rms.Sethuraman,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Cr.No.196 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/ Accused, who were arrested and remanded to judicial custody on 02.10.2023 for the alleged offence punishable under Sections 447, 294(b), 323, 324, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act @ Sections 447, 294(b), 323, 324, 506(ii) IPC and 302 IPC and r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.196 of 2023, on the file of the respondent police, seek bail.

¶2The case of the prosecution is that due to the land land dispute, the petitioners herein have trespassed into the land belonging to the defacto complainant and attacked his family members with wooden log and iron pipes and due to the injury the father of the defacto complainant was died. Hence, the case.

3.The learned counsel appearing for the petitioners would submit that there was a dispute between the parties with regard to property and they are innocent and they have not committed any offence as alleged by the prosecution and they are in jail from 02.10.2023 and hence, he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the defacto complainant's father died due to the injury sustained in the said occurrence and the investigation in this case is pending.

¶5On a perusal of the FIR, it is noticed that there was a land dispute between the family members.

¶6Considering the nature of allegations made against the petitioners and also considering the period of incarceration and also taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40 and the nature of the offence alleged by the petitioners, this Court is inclined to grant bail to the petitioners.

¶7Accordingly, the petitioners are ordered to be released on bail on condition to 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 District Munsif – Cum - Judicial Magistrate, Aathoor and on further conditions that:

(i) the petitioners shall affix their photograph and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.

(ii) the petitioners shall appear before the trial Court once in a month i.e., 1st workding day of every English Calender month at 10.30 am until further orders.

(iii)the petitioners shall not tamper with evidence or witness;

(iv)the petitioners shall not abscond during trial.

(v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail CRLeOP(MD).eNo.20054eofe2023 byotheolearnedoMagistrate/TrialoCourtohimselfoasolaidodownobyotheoHon'bleoSupreme CourtoinoP.K.Shajiovs.oStateoofoKeralao[(2005)AIRoSCWo5560]. oooooovi)Ifotheoaccusedothereafteroabsconds,oaofreshoFIRocanobeoregisteredounderoSection 229AoIPC.oooooo oooooooooooooooooooooooooooo oooooooooooooooooooooosd/- ooooooooooooooooooooooooooooooooooo ooooo30/11/2023 oooo ooooooooooo/oTRUEoCOPYo/ ooooooooooooooooooooooooooooooooooooooo ooooooooooooo30/11/2023 ooooooooooooooooooooooooooo ooooooooooooSub-AssistantoRegistraro(C.S.ooo) ooooooooooooo oooooooooooooooooooooooMaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooo ooooooooMaduraio-o625o023.oo TRP TO 1oooTHEoDISTRICToMUNSIFoCUM JUDICIALoMAGISTRATE,oAATHOOR. 2oooDOoTHROUGHoTHEoCHIEFoJUDICIALoMAGISTRATE, DINDIGULoDISTRICT. 3oooTHEoINSPECTORoOFoPOLICE KANNIVADIoPOLICEoSTATION, DINDIGULoDISTRICT. 4oooTHEoOFFICERoINCHARGE, DISTRICToPRISON,oDINDIGUL. 5oooTHEoADDITIONALoPUBLICoPROSECUTOR, ooo MADURAIoBENCHoOFoMADRASoHIGHoCOURT, ooo MADURAI.o +1oCCotooM/s.K.MU.MUTHU,oAdvocateo(oSR-17128[I]odatedo30/11/2023o) ORDER IN CRL OP(MD) No.20054 of 2023 Date :30/11/2023 SS/SAR- /30/11/2023/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023