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Madras High CourtCRL OP(MD)/7033/2024ordered

Jameena v. The Inspector Of Police

2024-06-03Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Jameena ... Petitioner / Accused No.2

Versus

The State Rep. by The Inspector of Police, Palavoor Police Station, Palavoor, Tirunelveli District.

(Crime No.110 of 2024) ... Respondent / Complainant For Petitioner :

Mr.S.Palanivelayutham, Advocate For Respondent :

Mr.M.Sakthi Kumar, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.110 of 2024 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, in connection with a case in Crime No.110 of 2024, for the offence under Section 304(ii) 1/5

IPC, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioner herein is arrayed as A2 and her husband is arrayed as A1. The deceased and the accused persons are neighbours. There is a dispute between them with regard to the common pathway. On the date of occurrence, on 22.04.2024, there was a wordy quarrel between them and on account of that, the accused persons pushed the deceased, due to which, he fell down and sustained injuries on his nose. Later, he died. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. However, she has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submits that on the complaint given by the wife of the deceased, the case has been registered as A1 and the petitioner/A2. Subsequently, A1 was arrested and he was released on bail. The overt act attributed as against the petitioner/A2 is that she was present along with her husband/A1.

5. Considering the facts and circumstances of the case, the nature of allegation and also considering the fact that A1 was already released on bail, this Court is inclined to grant anticipatory bail to the petitioner. 2/5

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of arrest or on her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate on condition that (i) the petitioner executes a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Valliyoor, Tirunelveli District;

(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 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation by the respondent Police. 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 prosecution witnesses.

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(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/- 03/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY To 1.The Judicial Magistrate, Valliyoor, Tirunelveli District.

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

3.The Inspector of Police, Palavoor Police Station, Palavoor, Tirunelveli District.

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

+1 CC to M/s.S.PALANI VELAYUTHAM, Advocate ( SR-6096[I] dated 04/06/2024 ) 4/5

ORDER

IN CRL OP(MD) No.7033 of 2024 Date :03/06/2024 ED/ VR /SAR- (04/06/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5