Madras High CourtCRL OP(MD)/5493/2022disposed of

Pabitha @ Pavithra Mohanram v. The Inspector Of Police

2022-10-31Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.5493 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/10/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.5493 of 2022 1.Pabitha @ Pavithra Mohanram 2.Roopavathi @ Luma 3.Meer Hussain Bava @ Hussain Bava ... Petitioners/Accused Nos. 1 to 3 Vs 1.State rep.by The Inspector of Police, District Crime Branch, Dindigul District.

Crime No.1 of 2022.

...Respondent/Complainant

2.Suryamoorthy ... 2nd Respondent (R2 suo motu impleaded as per order of this Court, dated 24.03.2022, in Crl.O.P(MD)No.5493 of 2022).

For Petitioners : Mr.Gopala Krishana Lakshmana Raju, Senior Counsel, for Mr.SGS.Rishwanth, Advocate For Respondents: Mr.P.Kottaichamy, Government Advocate (Cr.Side)for R1.

: Mr.S.Malaikani,Advocate for R2.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No. 1 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.5493 of 2022 The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420, 294(b) and 506(i) IPC, in Crime No.1 of 2022, seek anticipatory bail.

2.In pursuance of the direction of this Court, the learned Judicial Magistrate No.II, Dindigul, has submitted a report, dated 20.10.2022, stating that the charge sheet has already been filed and the same was taken on file in C.C.No.940 of 2022, under Sections 420, 294(b), 506(i) and 120(b) IPC against the petitioners herein. 3.When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) would submit that while taking cognizance of the case, the learned Jurisdictional Magistrate, ordered for issuance of summons for the appearance of all the accused and the case stand posted to 23.11.2022. 4.Since the learned Magistrate has ordered issuance of summons, the question of granting anticipatory bail does not arise at all. The petitioners are at liberty to appear before the concerned Magistrate and if required, they shall execute a bond as directed by the learned Magistrate.

5.In the result, this Criminal Original Petition is dismissed. sd/- 31/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) 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 DISTRICT CRIME BRANCH, DINDIGUL DISTRICT.

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

+1 CC to M/s.S.SABBANI KARBURAJOTHI, Advocate ( SR-12096[I]

ORDER

IN CRL OP(MD) No.5493 of 2022 Date :31/10/2022 PKP/SSS/SAR-1/04.11.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2