Mookkan v. The Inspector Of Police

CRL OP(MD). No.9691 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.06.2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.9691 of 2022 1.Mookkan 2.Sundarraj 3.Vijayaraj 4.Valarmathi 5.Maheswari 6.Indirani 7.Suryakala ... Petitioners/Accused No.1 to 7 Vs The State rep.by The Inspector of Police, Thathaiyangarpet Police Station, Trichy District.

Crime No.72 of 2022 ... Respondent/Complainant For Petitioners : Mr.K.ARUNRAJ, Advocate.

For Respondent : Mr.M.MUTHUMANIKKAM, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.72 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 to 7 apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 324 and 506(ii) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, on the file of the respondent police in Crime No.72 of 2022, seek anticipatory bail.

2.The case of the prosecution is that there was a wordy quarrel between the parties regarding taking of water from the common tab, due to which, the petitioners abused the de-facto complainant in filthy language, attacked her and also threatened her with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate(Crl.Side) would submit that the petitioners attacked the defacto complainant and caused her injuries. He would further submit that the injured was discharged https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.9691 of 2022 from the hospital and the case in counter is pending against the defacto complainant. 5.Considering the nature of allegation levelled against the petitioners and considering the facts that the injured was discharged from the hospital and that a counter case is pending against the de-facto complainant, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thuraiyur, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 am., for a period of one month and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 01/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, THURAIYUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, THATHAIYANGARPET POLICE STATION, TRICHY DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.9691 of 2022 Date :01/06/2022 SA/PN/SAR.4/02.06.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2