Nagavalli v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Nagavalli

2. Selvi

3. Thuraipandi

4. Selvam ... Petitioners/Accused 2,3,5 & 6 Vs The state represented by The Inspector of Police, Paralachi Police Station, Virudhunagar Distirct.

(Crime No. 5 of 2022). ... Respondent/Complainant For Petitioners: M/s.Ramsundarvijayraj.S., 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 No.2,3,5&6, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 448, 294(b), 324, 354, 342, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.5 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the daughter of the accused No.1 & 3, eloped with the son of the defacto complainant. The petitioner along with other accused said to have abused the defacto complainant in filthy language and attacked him by questioning whereabouts the girl and boy. Hence, this complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

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4. The learned Government Advocate (Crl. Side) for the respondent police submitted that because of the elopement of the daughter of the first accused and the son of the defacto complainant, trouble arose between the accused family and the defacto complainant. Insofar as the petitioners 1 & 3 is concerned, they are not having any previous case. Insofar as the fourth petitioner is concerned, he is having 307 IPC case.

5. Considering the facts and circumstances of the case and also considering the fact that the petitioners 1 to 3 are not having any bad antecedents, this Court is inclined to grant anticipatory bail to the petitioners 1 to 3. Insofar as the fourth petitioner is concerned, he is having previous antecedents, this petition is dismissed as against him.

6. Accordingly, this Criminal Original Petition is partly allowed and the petitioners 1 to 3 are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Aruppukottai, on condition that the petitioners 1 to 3 shall execute 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 1 to 3 shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners 1 to 3 shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners 1 to 3 shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 04/02/2022 / 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 ARUPPUKOTTAI.

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2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT.

3 THE INSPECTOR OF POLICE PARALACHI POLICE STATION, VIRUDHUNAGAR DISTIRCT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. RAMSUNDARVIJAYRAJ.S. Advocate SR.No.800

ORDER

IN CRL OP(MD) No.1823 of 2022 Date :04/02/2022 SS/JM/SAR-III/11.02.2022 : 3P/6C 3/3