Venkatesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Venkatesan, S/o.Chinnadurai ... Petitioner/Accused No.1 Vs

1. State Rep by The Inspector of Police, All Women Police Station, Manparai, Trichy District.

Cr.No.3 of 2021.

2. Subbulakshmi, W/o.Venkatesan (R2 Suo Motu Impleaded as Per Order Dated 18.02.2022 in CRL.OP.(MD).No.1774/ 2022.

... Respondents/Complainants For Petitioner : M/s.Krishnan.S, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 3 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498A, 294B, 323 and 506(ii) of IPC, in Crime No.3 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the marriage between the defacto complainant and the first accused was solemnized on 21.08.2020. After marriage, the accused persons said to have demanded 15 sovereigns of gold from the defacto complainant and also stated that if the first accused is married to some other girl, they would have provided 50 sovereigns of gold and car, not only that the 1/3

accused had scolded with filthy language and physically attacked the defacto complainant. On 30.01.2021 at 03.30 p.m., the accused persons said to have hit the de-facto complainant repeatedly and criminally intimidated her. At the time of occurrence, the defacto complainant was three months pregnant. Hence, the complaint. 3.The learned counsel for the petitioner submits that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution, but he has been falsely implicated in this case. He would further submit that this Court had granted anticipatory bail to the co-accused in Crl.O.P(MD).No.16876 of 2021 dated 01.11.2022.

4. The learned Government Advocate(Crl.Side) appearing for the respondent submits that no previous case is pending against the petitioner and also submitted that it is a case in counter and the injured has been discharged from the hospital. 5.Considering the facts and the circumstances of this case, the injured person has been discharged from the hospital and the grant of anticipatory bail to the co-accused, this Court is inclined to grant bail to the petitioner, however, with stringent conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate, Manapparai, Tiruchirapalli District, and on his executing 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 learned Magistrate concerned; and the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 04/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA 2/3

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, Manapparai, Tiruchirapalli District.

2. Do Through The Chief Judicial Magistrate, Trichy.

3. The Inspector of Police, All Women Police Station, Manparai, Trichy District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.1774 of 2022 Date : 04/07/2022 TR/VR/SAR-II(20.07.2022) 3P 5C 3/3