Chandrubalaji v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/06/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI Chandrubalaji ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Bodinayakkanur Town Police Station, Theni District.

(Crime No. 163 of 2022).

... Respondent/Complainant For Petitioner : M/s.Jeyakumar B, For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 163 of 2022 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 for the alleged offence punishable under Sections 294(b) and 506(1) of I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No. 163 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity, the petitioner quarrelled with the defacto complainant, abused her in filthy language and threatened her with dire consequences. Hence the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

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4.The learned Government Advocate (Crl. Side) for the respondent police submitted that due to previous enmity, a case in counter case has been registered and no one was injured. He also further submitted that there is no previous case pending against the petitioner.

5.Considering the nature of offence and also considering the overt act attributed against the petitioner and the fact that no one was injured, 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 his appearance, before the learned Judicial Magistrate, Bodinayakkanur, Theni District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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

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

LR/RM 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, BODINAYAKKANUR, THENI DISTRICT.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

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3 THE INSPECTOR OF POLICE BODINAYAKKANUR TOWN POLICE STATION, THENI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.B.JEYAKUMAR, Advocate ( SR-5181[I] dated 03/06/2022 )

ORDER

IN CRL OP(MD) No.9783 of 2022 Date :01/06/2022 PKP/SVR/SAR-4/03.06.2022/3P/6C 3/3