Esakkiammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/02/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.1728 of 2022 Esakkiammal ... Petitioner/Accused No.3 Vs.

State rep.by The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District.

(Crime No.15/2022).

... Respondent/Complainant For Petitioner : M/s.Sathyachidambaram.S, Advocate. For Respondent : M/s.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory bail in Crime No.15/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294 (b), 342, 307 and 302 IPC in Crime No.15 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that there existed property dispute between the parties, due to which, A1 attacked the deceased with deadly weapons at the instigation of the petitioner/A3 herein. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and she has not committed any offence as alleged by the prosecution.

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4.The learned Additional Public Prosecutor appearing for the respondent would submit that the deceased is the brother of the first accused and that there existed some dispute between them and that only at the instigation of the petitioner herein, the accused 1, 3 and 4 had attacked the deceased and caused injuries, which resulted in death. He would further submit that A3 and A4 are taking treatment as they were attacked by the defacto complainant party and they are juveniles.

5.Considering the seriousness and gravity of the offence alleged and also the fact that the first accused is still in custody and the investigation is pending as stated by the learned Additional Public Prosecutor, this Court is not inclined to grant anticipatory bail to the petitioner at this point of time. Accordingly, this Criminal Original Petition is dismissed.

Sd/- 07/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS 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 INSPECTOR OF POLICE, CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.1728 of 2022 Date :07/02/2022 SP/MS/SAR II/10/02/2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/