Venmathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.02.2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Venmathi 2.Muthu 3.Selvakumar 4.Manikandan 5.Manikandan @ Appu ... Petitioners/Accused Nos.1 to 5 Vs The State rep.by, The Inspector of Police, Ammapettai Police Station, Thanjavur District.

(Crime No.1044 of 2021) ... Respondent/Complainant For Petitioners : Mr.K.M.Karunakaran Advocate.

For Respondent : Mr.SS.Madhavan Government Advocate(Crl.side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.1044 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to the judicial custody on 26.12.2021 for the alleged offence under Sections 294(b), 324, 307, 452, 147, 148 & 120(B) of IPC, in Crime No.1044 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to family dispute, the petitioners along with other accused abused the defacto complainant in filthy language and also attacked him with Aruval and caused grievous head injuries to him. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 26.12.2021.

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4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the defacto complainant and the first petitioner are husband and wife. The first petitioner have illegal intimacy with one person, for which dispute arose between the first petitioner and the defacto complainant. It is further alleged that the first petitioner has engaged some persons to attack the defacto complainant. On the date of occurrence, the accused persons trespassed into the house of the defacto complainant, attacked him with Aruval and caused head injuries to him. He further submitted that the co-accused is still absconding. 5.Considering the period of custody of these petitioners and by this time, most of the investigation might have been over, this Court is inclined to grant bail to the petitioners with certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a personal 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 Judicial Magistrate, Papanasam, and on further condition that the petitioner shall stay at Trichy and report before the learned Judicial Magistrate No.I, Trichy at 10.30. am., for a period of one Month and thereafter as and when required for interrogation. sd/- 01/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 1 THE JUDICIAL MAGISTRATE, PAPANASAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE AMMAPETTAI POLICE STATION, THANJAVUR DISTRICT. 2/3

4 THE OFFICER INCHARGE, SPECIAL PRISON FOR WOMEN, TRICHY.

5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

1 THE JUDICIAL MAGISTRATE NO.I, TRICHY 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

ORDER

IN CRL OP(MD) No.1307 of 2022 Date :01/02/2022 tta MK/VR/SAR.III/01.02.2022/2P/9C 3/3