Jothimani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Jothimani, ... Petitioner/Accused No.2 Vs The Inspector of Police, Palayanur Police Station, Sivagangai District .

(Crime No. 22/2024.) ... Respondent/Complainant For Petitioner :

M/s. Saravanakumar.P, 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. 22 of 2024 on the file of the respondent Police.

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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.22 of 2024, for the offence punishable under Sections 448, 294(b), 355, 352, 427 and 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that on 27.03.2024 the first accused, in a drunken mode, abused the defacto complainant and attacked the defacto complainant with his slipper. Both the accused had broken the tiles in front of the defacto complainant's house, threatened her with dire consequences. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is falsely implicated in this case. She is not directly involved in the alleged occurrence. She 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) appearing for the respondent Police submits that in this case, no one is injured. The first accused was arrested and subsequently, he was released on bail.

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5. Considering the facts and circumstances of the case and also considering that the petitioner is a woman and no one is injured in the alleged incident, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of her 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 execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Thiruppuvanam.

(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 10.00 am for a period of fifteen days, 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 3/5

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/- 22/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR To 1.The District Munsif cum Judicial Magistrate, Thiruppuvanam.

2.Do through the Chief Judicial Magistrate, Sivagangai District.

3.The Inspector of Police, Palayanur Police Station, Sivagangai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.KALAIYARASI BHARATHI, Advocate ( SR-4670[I] dated 22/04/2024 ) 4/5

ORDER

IN CRL OP(MD) No.6122 of 2024 Date :22/04/2024 ED/ GS /SAR- (29/04/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5