J. Tamilsevli v. The Inpsector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI
1. J. Tamilsevli
2. M. Amutharani ... Petitioners/Accused No.1&2 Vs The State Rep.by The Inpsector of Police, Thiruvadanadi Police Station, Ramanathapuram District.
(Crime No. 5 of 2022).
... Respondent/Complainant For Petitioners: Mr.K.Ramanathan, Advocate.
For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 5 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, 506(ii) IPC, in Crime No.5 of 2022, seek anticipatory bail.
2.The case against the petitioners is that they scolded the defacto complainant in filthy lang uage and attacked him with arival and caused injuries. The case in Crime No.5 of 2022 was registered against the petitioners under Sections 294(b), 324, 506(ii) IPC . The petitioners filed this petition for anticipatory bail. 1/3
3.On the side of the petitioners it is stated that the first petitioner is the wife and second petitioner is the sister of the defacto complainant. Due to family dispute between the first petitioner and the defacto complainant, the first petitioner filed domestic violation case in DVC No.2 of 2021 before the Additional Mahila Court, Sivagangai. To escape from that case, the defacto complainant has filed this false complaint. Hence, prays to release the petitioners on anticipatory bail.
4.On the side of prosecution it is stated that the petitioners caused injuries to the victim and has admitted that there is counter case in Cr.No.6 of 2022 against the defacto complainant. 5.It is seen that there is no bad antecedents against the petitioners and the fact that a counter case is pending against the defacto complainant. In view of the same, this Court is inclined to grant anticipatory bail to the petitioners on the following conditions.
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned District Munsif cum Judicial Magistrate, Thiruvadanai and on their executing 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 concerned Court daily at 10.30 am for a period of fifteen days and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
7.The petitioners 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/- 28/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM 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.
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TO 1.The District Munsif cum Judicial Magistrate, Thiruvadanai.
2. -do-Through The Chief Judicial Magistrate, Ramanathapuram District.
3.The Inpsector of Police, Thiruvadanadi Police Station, Ramanathapuram District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.1458 of 2022 Date :28/01/2022 RD/VR/SAR-III(04.02.2022) 3P 5C 3/3