Aniruth v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN

1. Aniruth

2. Selvanarmatha

3. Gunavathi ... Petitioners/Accused 1 to 3 Vs State Rep. by The Inspector of Police, Rameswaram Town Police Station, Rameswaram, Ramanathapuram District.

Crime No.104 of 2021.

...Respondent/Complainant

For Petitioners : Mr.Kannan.M., Advocate.

For Respondent : Mr.M.Ganesan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.104 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under sections 294 (b), 324, 427, 448 and 506 (ii) of IPC r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.104 of 2021 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent police. 3.It is seen from the submissions made that there is a property dispute between the petitioners and the defacto complainant. The third petitioner is the daughter of the defacto complainant and the 1/3

petitioners 1 and 2 are the grand children of the defacto complainant. The third petitioner demanded partition in the property at the instance of another petitioner, namely, Revathi. The defacto complainant is said to have given a false complaint. 4.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and the petitioners have been falsely implicated in the present case and hence, they seek anticipatory bail.

5.The learned Government Advocate (criminal side), on instructions, submitted that the injured has been discharged from the hospital and that the petitioners 1 and 2 are the students. 6.Considering the facts and circumstances of the case, the fact that the injured has been discharged from the hospital and that the incident happened in a family dispute, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Rameswaram, Ramanathapuram District, and on their executing a bond for a sum of Rs.

(b)the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

(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 2/3

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

sd/- 09/04/2021 / TRUE COPY / / /2021 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, RAMESWARAM, RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPRUAM DISTRICT.

3 THE INSPECTOR OF POLICE, RAMESWARAM TOWN POLICE STATION, RAMESWARAM, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.KANNAN.M. Advocate SR.No.3070

ORDER

IN CRL OP(MD) No.5189 of 2021 Date :09/04/2021 SM JM/VR/SAR IV/07.05.2021/3P/6C 3/3