Parameswari v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Parameswari ... Petitioner/Accused No.2 Vs The Sub Inspector of Police, Sivagiri Police Station, Tenkasi District.

In Crime No.103 of 2024

...Respondent/Complainant

For Petitioner : Mr.C.Susi Kumar,Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticpatory Bail in Crime No.103 of 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 punishable under Sections 294(b), 323 and 506(ii) IPC in Crime 1/4

No.103 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that there was a property dispute between the petitioner and the defacto complainant's family members. Due to which, the petitioner assaulted the defacto complainant and caused injuries. 3.The learned counsel appearing for the petitioner submits that the petitioner has not indulged in such criminal activities. However, the respondent police has falsely implicated the petitioner in this case. 4.The learned Additional Public Prosecutor for the respondent submits that due to property dispute, the petitioner assaulted the defacto complainant with stick and hands. He further submits that investigation in this case is yet to be completed. 5.

Considering the nature of allegations levelled as against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif-cum Judicial Magistrate, Sivagiri on condition that the petitioner shall execute a bond for a sum of Rs.

i. The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

ii. The petitioner shall appear before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required. He has to co-operate for the investigation.

iii. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well. iv. On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 04/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS 3/4

TO THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, SIVAGIRI.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

THE SUB INSPECTOR OF POLICE SIVAGIRI POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-4194[I] dated 04/04/2024 )

ORDER

IN CRL OP(MD) No.4928 of 2024 Date :04/04/2024 PKP/VR/SAR /15.04.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4