Manvizhi And Others vs State

G.Ilangovan, J

The petitioners/Accused No.1 and 2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 506(i) I.P.C., in Crime No.209 of 2023 on the file of the respondent Police, seek anticipatory bail.

The case of the prosecution is that there was a previous enmity between the petitioners and the defacto complainant. On the date of occurrence, the neem tree belongs to the petitioners were fell down in the defacto complainant's lands, in which, she asked the petitioners to remove the same. Therefore, the defacto complainant was attacked by the petitioners with stick and stones and also threatened her with dire consequences. Hence, the complaint.

The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. On the date of occurrence, the defacto complainant's husband had scolded the petitioners using filthy language and assaulted him with stones, in which, the first petitioner sustained injuries and lost her two teeth.

The learned Government Advocate (Crl. Side) for the respondent police submitted that it is the issue between the neighbour and is the case and counter case.

Considering the facts and circumstances and also considering the nature of offence and it is the case and counter case, this Court is inclined to grant anticipatory bail to the petitioners.

Accordingly, 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, Thottiyam, Trichy 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.

The 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.