Indhirani Parimala v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI INDHIRANI @ PARIMALA ... PETITIONER / ACCUSED No.2 Vs THE INSPECTOR OF POLICE CHINTHAMANIPATTY POLICE STATION, KARUR DISTRICT.
(CRIME NO.209 OF 2023) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.KARUNA.V Advocate For Respondent : Mr.P.KOTTAICHAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:
FOR ANTICIPATORY BAIL IN CRIME NO. 209 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 324 and 506(2) of IPC, in Crime No.209 of 2023, seeks anticipatory bail.
1/5
2.The case of the prosecution is that A1 is the husband of the defacto complainant. He had illegal intimacy with the petitioner, who is the paternal sister of the defacto complainant. Due to which, on 10.12.2023, at about 07.30 a.m, the petitioner along with other accused went to the house of the defacto complainant and abused her and her mother with filthy language and attacked them with hands and wooden logs and caused injuries to them. Thereby, the Law Enforcing Agency, registered a case against the petitioner.
3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that no serious allegation is made against the petitioner. Hence, he prays for grant of anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl.Side) appearing for the State submitted that the petitioner is the paramour of A1 and the accused persons joined together, attacked the defacto complainant and her mother and caused injuries to them. However, he fairly conceded that the injured were discharged from the hospital.
5. Considering the facts and circumstances of the case and also considering the facts that the injured were discharge from the hospital, I am inclined 2/5
to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is granted anticipatory bail and she is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Kulithalai, Karur District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) the sureties shall affix her photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure her identity;
(c) the petitioner shall report before the respondent police as and when required for interrogation;
(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
3/5
(e)the petitioner shall not abscond either during investigation or trial; (f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 18/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO 1 THE JUDICIAL MAGISTRATE NO.I KULITHALAI, KARUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.
3 THE INSPECTOR OF POLICE CHINTHAMANIPATTY POLICE STATION, KARUR DISTRICT.
4/5
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.V.KARUNA, Advocate ( SR-777[I] dated 18/01/2024 )
ORDER
IN Date :18/01/2024 SS/VR/SAR- /23/01/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5