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Madras High CourtCRL OP(MD)/5972/2024ordered

Selvamani v. The Inspector Of Police

2024-04-18Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Selvamani ... Petitioner/Accused Rank No.2 Vs The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

(Crime No.78 of 2024).

... Respondent/Complainant For Petitioner :

Mr.B.Arun, Advocate.

For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C. PRAYER :- For Anticipatory Bail in Crime No.78 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 offences punishable under Sections 294 (b), 324, 506 (ii) IPC in Crime No.78 of 2024, on the file of the respondent police, seeks anticipatory bail. 1/4

2. The case of the prosecution is that due to family dispute between the parties, the petitioner and other accused abused the defacto complainant in filthy language and also attacked her and caused injuries to her.

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.

4. The learned Additional Public Prosecutor submits that there was a family dispute between the parties. The first accused is the son of the petitioner and the injured person was discharged from the Hospital. 5.Considering the nature of offence and the fact that the injured has been discharged from the Hospital and that this is a dispute between the family members, 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 her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate, 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 District Munsif cum Judicial Magistrate, Peravurani; 2/4

(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 daily at 10.30 am., for a period of one week and thereafter, she shall appear as and when required by the respondent police. She has to co-operate for the investigation. (iv) The petitioner shall not misuse the liberty granted to him 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/- 18/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE JUDICIAL MAGISTRATE, PERAVURANI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, THIRUCHITRAMBALAM POLICE STATION, THANJAVUR DISTRICT.

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

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+1 CC to M/s.B.ARUN, Advocate ( SR-4684[I] dated 22/04/2024 )

ORDER

IN CRL OP(MD) No.5972 of 2024 Date :18/04/2024 RS/JGB/SAR-(24.04.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4