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Madras High CourtCRL OP(MD)/6407/2022allowed

V. Pethatchi v. The Inspector Of Police

2022-04-06Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.6407 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/04/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.6407 of 2022

1. V.Pethatchi

2. Divya ... Petitioners/Accused 1&2 Vs The State Rep. By, The Inspector of Police, Vaigai Dam Police Station, Theni District.

Crime.No.16 of 2022.

... Respondent/Complainant For Petitioner : Mr.M.Dhanraj 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.16 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 and 2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324, 355 and 506(i) I.P.C. in Crime No.16 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that there was a wordy quarrel between the de-facto complainant and the in-laws, due to which, the petitioners abused the de-facto complainant in filthy language and attacked her and also criminally intimidated her. Hence, the complaint.

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

4.The learned Government Advocate (Crl. Side) for the respondent police submitted that there is a dispute between the inlaws and the de-facto complainant. The injured has been discharged from the hospital.

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CRL OP(MD). No.6407 of 2022 5.Considering the nature of offence, the overt act attributed against the petitioners and the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Theni, on condition that the petitioners 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 shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners 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/- 06/04/2022 / 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, THENI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3. THE INSPECTOR OF POLICE, VAIGAI DAM POLICE STATION, THENI DISTRICT.

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

+1 CC to M/s.S.R.S.INDIRA, Advocate ( SR-3018[I] dated 06/04/2022 ) ORDER IN CRL OP(MD) No.6407 of 2022 Date :06/04/2022 sji USK/VR/SAR-IV/12.04.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2