Theivanayaki Alias Usha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Theivanayaki Alias Usha ... Petitioner/Accused Vs

1. The Inspector of Police, All Women Police Station, Palayamkottai Tirunelveli District.

(Crime No.14/2022).

2. Mariammal (R2 Suo Motu impleaded as per order dated 10.06.2022) ... Respondents/Complainants For Petitioner : M/s.Krishnasamy.P, For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.14/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 294(b), 352, 506(ii) I.P.C, in Crime No.14 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the first accused is the husband of the defacto complainant. There is a matrimonial dispute 1/3

between the parties. Due to that trouble arose between them, the accused persons alleged to have abused, assaulted the defacto complainant and also threatened with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the crime. Originally, the defacto complainant, who borrowed money from the petitioner, abused her with filthy language. Due to misunderstandings, trouble arose between the husband and wife and there is no illegal relationship between the first accused and this petitioner. Hence, prays to release her on anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is the tenant in the house of first accused and the investigation is not yet completed. 5.Considering the facts and circumstances of this case, nature of dispute and relationship between the parties, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.I, Tirunelveli 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. until further orders. 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 made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 13/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM 2/3

TO

1. The Judicial Magistrate No.I, Tirunelveli

2. Do Through The Chief Judicial Magistrate, Tirunelveli.

3. The Inspector of Police, All Women Police Station, Palayamkottai Tirunelveli District.

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

ORDER

IN CRL OP(MD) No.10234 of 2022 Date : 13/07/2022 TR/VR/SAR-I(20.07.2022) 3P 5C 3/3