Mythili v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/02/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR

1. Mythili

2. Karthik @ Karthikeyan

3. Shantha Sheela ... Petitioners/Accused No.1,2,3 Vs State Rep.by The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur.

(Crime No.33/2022). ... Respondent/Complainant For Petitioners: Mr.R.Prakash, Advocate.

For Respondent : Mr.M.Muthumanikkam Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.33/2022 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 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.33 of 2022, seek anticipatory bail.

2.The case of the prosecution is that there existed previous enmity between the parties and due to that, the accused persons abused and assaulted the defacto complainant. Hence, the complaint. 3.The learned counsel for the petitioners would submit that a counter case has been registered in Crime No.34 of 2022 against the defacto complainant and party, that the petitioners are innocents and not committed any offence as alleged by the prosecution and that the injured was discharged from the hospital. 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the investigation is not yet completed, that the injured was discharged from the hospital and that it is a case and counter case and the counter case has been 1/3

registered in Crime No.34 of 2022 as against the defacto complainant and party.

5.Considering the facts that there existed previous enmity between the parties, that the injured was discharged from the hospital, that except the offence under Section 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, all other offences are bailable in nature and that the counter case in crime No.34 of 2022 is pending against the defacto complainant and party, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruvaiyaru, on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the second petitioner shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation and the first and third petitioners shall report before the respondent police, as and when required for interrogation.

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 2/3

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 15/02/2022 / 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, THIRUVAIYARU.

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

3 THE INSPECTOR OF POLICE THIRUVAIYARU POLICE STATION, THANJAVUR.

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

ORDER

IN CRL OP(MD) No.3204 of 2022 Date :15/02/2022 RS/JM/SAR.4(23.02.2022) 3P-5C 3/3