Reena @ Reena Selvakumari v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI REENA @ REENA SELVAKUMARI ... PETITIONER / SOLE ACCUSED Vs THE INSPECTOR OF POLICE TIRUNELVELI JUNCTION POLICE STATION, TIRUNELVELI DISTRICT.
CRIME NO.67/2024.
... RESPONDENT/COMPLAINANT For Petitioner : M/S.SEKAR.U Advocate For Respondent : MR.S.MANIKANDAN, Govt. Advocate ( Crl. Side) For Intervener : MR.C.SARAVANA KUMAR, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER: FOR ANTICIPATORY BAIL IN CRIME NO.67/2024 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b) and 506(2) IPC in Crime No.67 of 2024, seeks anticipatory bail.
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2.The case of the prosecution is that on 16.02.2024, when the defacto complainant videographed the dance practiced by her grand daughters for the school annual day function through the cell phone, the petitioner came there and abused the defacto complainant in filthy language and threatened her with dire consequences. Hence this complaint.
3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and she has been falsely implicated in this case.
4. The learned counsel appearing for the intervenor vehemently opposed for grant of anticipatory bail by stating that earlier, a complaint was made by the defacto complainant against the petitioner, due to which, the petitioner threatened the defacto complainant to withdraw the complaint and therefore, a wordy altercation took place. Hence, this complaint.
5. The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that no one is injured in this case. 2/5
6. Considering the facts and circumstances of the case and the fact that no one is injured in this case, this Court is inclined to grant anticipatory bail to the petitioner.
7. Accordingly, the petitioner is granted anticipatory bail and she is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.4, Tirunelveli, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
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(c)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond either during investigation or trial; (f)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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;
sd/- 11/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (CS -I / II/ III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
ssb TO 1.THE JUDICIAL MAGISTRATE NO.4, TIRUNELVELI.
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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
3.THE INSPECTOR OF POLICE TIRUNELVELI JUNCTION POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :11/03/2024 RK/GS (15/03/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5