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Madras High CourtCRL OP(MD)/8090/2024ordered

A.Mari Roja 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

1. A.Mari Roja

2. A.Lakshmi Priya

3. A.Rajkumar

4. N.Ganesan

5. G.Vijayalakshmi @ Jeyalakshmi

6. G.Vishnu @ Vishnu Aravind

7. G.Sharmila ... Petitioners/Accused No.1 to 7

Versus

The State, Rep. by The Inspector of Police, Nilakottai Police Station, Dindigul District.

(Crime No.204 of 2024) ... Respondent/Complainant For Petitioners: Mr.A.Arun Prasad Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. 1/5

PRAYER :- For Anticipatory Bail in Crime No.204 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.204 of 2024, for the offence under Sections 147, 148, 294(b), 323, 324 and 506(i) IPC, have filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioners are in-laws and relatives of the defacto complainant. Due to the family dispute, the petitioners abused the defacto complainant in filthy language and assaulted him with hands.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, they have been falsely implicated in this case. Therefore, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor opposed for grant of anticipatory bail on the ground that the investigation is yet to be completed. 2/5

5. Considering the facts and circumstances of the case, the nature of allegations and also considering the relationship between the parties, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail in the event of arrest or on their 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 petitioners execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Nilakottai.

(ii) The petitioners 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 petitioners shall appear before the respondent police as and when required for interrogation. They have to co-operate for the investigation. (iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. 3/5

(v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 03/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO

1. THE JUDICIAL MAGISTRATE, NILAKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3. THE INSPECTOR OF POLICE, NILAKOTTAI POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.A.ARUN PRASAD, Advocate ( SR-6054[I] dated 03/06/2024 )

ORDER

IN CRL OP(MD) No.8090 of 2024 Date :03/06/2024 4/5

RK/JGB (11/06/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5