Coram Justice B. Pugalendhi dismissed C.O.P.(MD)Nos. 8076 & 8086 of 2021 seeking anticipatory bail under Section 438 Cr.P.C for allegedly abusing and assaulting their mother and sister during a property dispute.
The petitions for anticipatory bail were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.(MD)No.8076 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 04/08/2021
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
CRL OP(MD)Nos.8076 & 8086 of 2021
Crl.O.P.(MD)No.8076 of 2021 1. K. Sakthivel
Vs State Rep by The Inspector of Police, Somarasampet Police Station, Trichy District (Crime No.488/2021) ... Respondent/Complainant
Crl.O.P.(MD)No.8086 of 2021
Vs
The Inspector of Police, Somarasampet Police Station, Trichy District (Crime No.241/2021) ... Respondent/Complainant
For Petitioners : Mr.Sivchandran P, (in both Crl.OPs.) Advocate.
For Respondent : Mr.P.Kottai Chamy, (in both Crl.OPs.) Government Advocate (Crl.Side)
PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C
COMMON PRAYER :-
For Anticipatory Bail in Cr.Nos.488 & 241 of 2021 on the file of the respondent police.
1/3
Crl.O.P.(MD)No.8076 of 2021
COMMON ORDER : The Court made the following common order :-
The petitioners, in Crl.O.P.(MD)No.8076 of 2021, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 380 IPC in Crime No.488 of 2021, seek anticipatory bail.
2.The petitioners, in Crl.O.P.(MD)No.8086 of 2021, who apprehend arrest at the hands of the respondent police for the offence under Sections 294(B), 323 and 506(i) IPC in Crime No.241 of 2021 on the file of the respondent police, seek anticipatory bail.
3.The case of the prosecution is that the defacto complainant in Crl.O.P.(MD)No.8076 of 2021 is the mother of the first petitioner and the defacto complainant in Crl.O.P.(MD)No.8086 of 2021 is the sister of the first petitioner. Due to property dispute, the petitioners abused the defacto complainants in filthy language and attacked them with broom-stick and cheppal. Therefore, the present cases came to be registered.
4.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.
5.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the first petitioner is the son of the defacto complainant in Crl.O.P.(MD)No.8076 of 2021 and the second petitioner is the wife of the first petitioner. He further submitted that due to property dispute, they attacked the defacto complainants. He also submitted that investigation in this case is yet to be completed.
6.Considering the facts and circumstances of the case and also the fact that the first petitioner, in the property dispute, said to have abused and assaulted his own mother and sister, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petitions are dismissed.
/ /2021
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
2/3
Crl.O.P.(MD)No.8076 of 2021
GNS
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
ORDER IN CRL OP(MD) No.8076 of 2021 Date :04/08/2021 PKP/VR/SAR-2/17/08/2021/3P/3C
3/3
2 issues framed by the court
Whether anticipatory bail should be granted under Section 438 Cr.P.C given the seriousness of the allegations of assault and abuse against the petitioner's mother and sister.
Whether the nature of the apprehended arrest and the facts alleged by both sides justify granting anticipatory bail in these criminal petitions.
Colour shows how this judgement treated each authority
nullReferred
1 provisions across 1 enactments
K. Sakthivel
Buvaneshwari
State Rep by The Inspector of Police, Somarasampet Police Station, Trichy District
B. PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
