Madras High CourtCRL OP(MD)/10768/2022granted

Sudha v. The Inspector Of Police

2022-06-30Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.10768 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.10768 of 2022

1. Sudha

2. Chithra

3. Maaliyapurathal ... Petitioners/Accused Rank 2,5,6 Vs The State rep.by The Inspector of Police, Kuruvikulam Police Station, Tenkasi District .

(Crime No. 89 of 2022).

... Respondent/Complainant For Petitioners: M/s.SELVAKUMAR.V, Advocate.

For Respondent : Mr.B.THANGA ARAVINDH, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 89 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.2, 5 and 6, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 342, 294(b), 352 and 506(ii) of IPC, in Crime No.89 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that A1 got married the defacto complainant. Thereafter, A1 is having illegal relationship with the first petitioner. When the same was questioned by the defacto complainant, there a family dispute arose between them. On 27.05.2022, the petitioners and other accused persons went to the defacto complainant's house and abused her by using filthy language and also attacked her mother with hands and snatched thali from the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the injured sustained only simple injury and the alleged thali has been handed over to the defacto complainant and hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that no previous case is pending against the petitioners and the thali snatched by the accused persons was recovered and it has been handed over to the defacto complainant. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.10768 of 2022 5.Considering the facts and circumstance of the case and no bad antecedents reported against the petitioners and the alleged thali has been handed over to the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Sankarankovil, on condition that the petitioners shall execute 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 the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition 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 stands dismissed.

sd/- 30/06/2022 / TRUE COPY / /07/2022 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, SANKARANKOVIL.

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

ORDER IN CRL OP(MD) No.10768 of 2022 Date :30/06/2022 SA/VR/SAR.4/07.07.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2