V.Kaleeshwari @ Kaliammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR

1. V.Kaleeshwari @ Kaliammal

2. V.Thangalakshmi @ Thangam

3. M.Shenbagavalli ... Petitioners/Accused 1 to 3 Vs The State rep.by The Inspector of Police, West Police Station, Kovilpatti, Thoothukkudi District.

(Cr.No.189/2022).

... Respondent/Complainant For Petitioner : M/s.SARAVANAN.S, Advocate.

For Respondent : Mr.R.SIVAKUMAR, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.189 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(2) IPC, in Crime No.189 of 2022, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity between the parties, the petitioners abused the defacto complainant and his family members in filthy language and attacked them and threatened them with dire consequences. Hence the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution.

1/3

4.The learned Government Advocate(Crl.Side) would submit that the injured person in this case has been treated as outpatient and that the petitioners are having no previous case. 5.Considering the facts and circumstances of the case and also considering the facts that the injured person in this case has been treated as outpatient, that except the offence under Section 506(2) IPC, all other offences are bailable in nature and also the fact that the petitioners are not having any previous case for similar or serious offence, 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 their 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 No.2, Kovilpatti, Thoothukudi District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only)each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that:

a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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;

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

sd/- 28/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

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 NO.2 KOVILPATTI, THOOTHUKUDI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE, WEST POLICE STATION, KOVILPATTI, THOOTHUKKUDI DISTRICT.

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

+1. CC to M/S.SARAVANAN.S., Advocate SR.No.2566

ORDER

IN CRL OP(MD) No.5679 of 2022 Date :28/03/2022 SA/VR/SAR.2/07.04.2022/3P/6C 3/3