Anbulakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9076 of 2016 ANBULAKSHMI ... PETITIONER/ACCUSED No.3 Vs STATE REP.BY THE INSPECTOR OF POLICE PAVOORCHATHIRAM POLICE STATION, TIRUNELVELI DISTRICT.

CR.NO.164/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S K.ESAKKI Advocate For Respondent : MR.P.KANNITHEVAN,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as Accused No.3, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 506(ii) and 420 of IPC in Crime No.164 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that A1 and A2 collected various amounts under the guise of running chit to the tune of Rs.22,00,000/- from the defacto complainant and others and subsequently, they did not pay any amount. The defacto complainant and other accused persons went to the accused house and demanded the amount. At that time the petitioner herein behaved hardly and abused the defacto complainant and others with filthy languages and untied the high breed dog to bite them. The dog bite one aged woman viz., Rajakani and others escaped from the dog. A1 and A2 attacked with a wooden log and chased them with a sickle and threatened with dire consequences and on complaint, a case has been registered against the petitioner.

3. The case of the petitioners is that A1 and A2 running the chit fund and the defacto complainant was a member of the chit fund. The petitioner has not involved in any offence committed by A1 and A2. Only allegation against the petitioner is that she abused the defacto complainant in filthy language and threatened to cause death. He further submitted that A1 and A2 already arrested and enlarged on bail by the Court below in Crl.M.P.No.4697 and 4725 of 2016 and prayed for allowing this petition. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Criminal side) submitted that accused A1 who is the husband of the petitioner herein was

running unregistered chit fund and collected huge amounts from the defacto complainant and others and subsequently, he did not pay the amounts. The petitioner who is the wife of A1 abused the defacto complainant in filthy language and united the high breed dog to bite them and the dog bite one aged woman viz., Rajakani and others escaped form the dog and the accused persons did not pay the amounts and the investigation of the case is pending. 5.Considering the serious nature of allegations levelled against the petitioner and that the huge amount collected by the husband of the petitioner and when the same was demanded by defacto complainant and others, petitioner untied the high breed dog and caused injuries to them and accused persons have not settled the amounts to the defacto complainant and others, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. sd/- 01/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE PAVOORCHATHIRAM POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S K.ESAKKI Advocate SR.No.41164

ORDER

IN CRL OP(MD) No.9076 of 2016 Date :01/08/2016 PA/AAL-MPA/SAR III/05.08.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/