Madras High CourtCRL OP(MD)/5897/2024withdrawn dismissed

Philo Reshmi v. The Inspector Of Police

2024-04-17Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Philo Reshmi ... Petitioner/Accused No.6 [Petitioner name wrongly mentioned in the FIR as Pilo Jhon]

Versus

The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli District.

[Crime No.11/2024] ... Respondent/Complainant For Petitioner :

Mr.N.Vignesh, Advocate For Respondent :

Mr.M.Sakthi Kumar Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.11 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.11 of 2024, for the offence under Sections 498(A), 1/4

323, 294(b) and 506(i) IPC, has filed this petition seeking anticipatory bail.

2. The petitioner is arrayed as A6. The defacto complainant is the wife of A1. The allegation against the petitioner is that on 26.02.2024, when A1 harassed the defacto complainant by demanding money and abused her in filthy language, the petitioner came there and also abused the defacto complainant by referring to her community. It is the further allegation as against the petitioner is that A1 is having illegal affair with the petitioner/A6.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submits that the offence under Sections 3 (x) and 3 (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is also added in Crime No.11 of 2024. He further submits that the investigation is going on.

5. Considering the facts and circumstances of the case, the nature of allegation and also considering the fact that this Court, by considering the ratio laid down by this Court in Crl.O.P.(MD)No.17224 of 2019 dated 26.11.2019, granted anticipatory bail to A2 to A5 in Crl.O.P.(MD)No.5128 of 2024 dated 02.04.2024, this Court is inclined to grant anticipatory bail to the petitioner. 2/4

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 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.V, Tirunelveli, on condition that (i) the petitioner executes a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand), with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Tirunelveli.

(ii) 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; (iii) The petitioner shall appear before the respondent police as and when required for interrogation. She has to co-operate for the investigation. (iv) The petitioner shall not misuse the liberty granted to her by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) 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/- 29/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY 3/4

TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.N.VIGNESH, Advocate ( SR-5094[I] dated 30/04/2024 )

ORDER

IN CRL OP(MD) No.5897 of 2024 Date :29/04/2024 RS/GS/SAR-(08.05.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4