Kalaivani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Kalaivani ... Petitioner/Accused No.2 Vs The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

Crime No.219/2024.

... Respondent/Complainant For Petitioner : M/s. George Stephen Kanikkairaj, Advocate.

For Respondent : Mr.M.Sakthikumar, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.219 of 2024 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323, 307,379 , 506 (ii) I.P.C r/w. Section 4 of TNPWH Act, in Crime No.219 of 2024, seeks anticipatory bail. 1/5

2.The case of the prosecution is that when the defacto complainant was demanding her 2 sovereigns of gold jewel from the petitioner, the petitioner along with other accused attacked the defacto complainant with knife and also committed theft of 7 sovereigns of gold jewels and caused injuries to her. 3.The learned counsel for the petitioner submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl. side) appearing for the respondent strongly opposes to grant bail on the ground that the investigation is yet to be completed. He further submits that the petitioner is the daughter of the first accused. A1 and A3 were arrested and released on bail and A4 was also granted anticipatory bail.

5. Considering the facts and circumstances of the case and considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner. 2/5

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 her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned 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 No.I, Kumbakonam; (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 am until further orders. She has to co-operate for the investigation. (iv) The petitioner shall not misuse the liberty granted to him 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/- 04/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO

1. THE JUDICIAL MAGISTRATE NO.I, KUMBAKONAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.

3. THE INSPECTOR OF POLICE, KUMBAKONAM EAST POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.A.GEORGE STEPHEN KANIKKAI RAJ, Advocate ( SR-6083[I] dated 04/06/2024 ) 4/5

ORDER

IN CRL OP(MD) No.7122 of 2024 Date :04/06/2024 RK/VR (12/06/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5