SUTHA A1 AND 2 OTHERS vs STATE REP BY INSPECTOR OF POLICE, PATTUKKOTTAI TALUK POLICE STATION

IN THE COURT OF THE PRINCIPAL SESSIONS JUDGE, THANJAVUR PRESENT: Tmt.Jacintha Martin, B.L., Principal Sessions Judge, Thanjavur.

Saturday the 5th day of August 2023 Criminal Miscellaneous Petition No.4797/2023 (CNR No: TNTJ0-1007947-2023) 1.

Sutha, W/o.Chinnadurai, 2.

Chinnadurai, S/o.Rengasamy 3.

Selvi, W/o.Rajendran .Petitioners/ Accused / versus / State represented by Inspector of Police Pattukkottai taluk Police Station Cr.No.331/2023 ...Respondent/Complainant This petition coming on this day before me for hearing in the presence of Thiru.S.Natarajan, Advocate appearing for the petitioners and the Learned Public Prosecutor Thiru.S.Sathiamoorthy, on behalf of the complainant and this court passed the following, ORDER This petition is filed by the petitioners u/s 438 of Crl.P.C., praying for anticipatory bail.

Heard both sides.

Perused the records.

The Learned Counsel for the petitioners submits that the petitioners are being charged for offences u/s 294(b) 324 323 355 506(ii) of IPC and 4 of TNPWH Act in Cr.

No.331/2023 of Pattukkottai Taluk Police Station and they have not committed any offences as alleged and they have been falsely implicated in this case and also submits that the injured person was discharged from the hospital and the investigation is almost completed and the petitioners are ready to abide by any condition imposed by this court and requests to release them on bail in the event of their arrest.

The Learned Public Prosecutor submits that on 27.07.2023, a quarrel was erupted in between the parties due to civil dispute and thereby a case and a counter case have been registered against each other and this is the counter case to the main case registered in Cr.no.330/2023 and in so far as this case is concerned, totally four accused including the petitioners herein / A1 A2 A4 caused injuries to the de-facto complainant Sureka with iron rod and hands and the injured person in both the case and counter case have been discharged from the hospital and in tal and investigation is pending and opposed to release the petitioners in the event of their arrest.

Both sides' contentions are taken into consideration.

The occurrence is said to be taken place due to civil dispute in between the parties.

This is the counter case to the main registered in cr.no.330/2023.

The injured person in both the case and counter case were discharged from the hospital.

There has been no objection raised on the side of the prosecution.

By considering all these facts and circumstances of the case, this court is of the view that the petitioners can be released on bail in the event of their arrest.

Accordingly, it is hereby ordered to release the petitioners on bail in the event of their arrest or on their surrender before the Jurisdictional Magistrate within 30 days from today and on such arrest or surrender, they are ordered to be enlarged on bail on their executing a bond each for a sum of Rs.10,000/- with two sureties for a like sum each to the satisfaction of the Jurisdictional Magistrate , subject to the conditions laid down in Sec.438 (2) of Crl.P.C.

Besides, the petitioners are directed to appear and sign before the respondent daily at 10.30 a.m for a period of 15 days from the date of compliance of this order without fail.

If the petitioners fail to surrender before the Jurisdictional Magistrate within 30 days from the date of this order, this anticipatory bail order shall stand cancelled automatically without any further reference to this court.

Pronounced by me in Open Court, this the 5th day of August 2023. /t.c.f.b.o./ Sd/- Jacintha Martin Principal Sessions Judge, Thanjavur.

Copy to: The Judicial Magistrate, Pattukkottai.

The Inspector of Police, Pattukkottai taluk P.S.

The Counsel for the petitioners