Madras High CourtCRL OP(MD)/8125/2024ordered

Nagalakshmi v. The Inspector Of Police

2024-06-05Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Nagalakshmi

2. Mehala ... Petitioners/Accused 3 & 4

Versus

The State, Rep. by the Inspector of Police, Adirampattinam Police Station, Thanjavur District.

Crime No.253/2023 ... Respondent/Complainant For Petitioners : Mr.B.Anandan 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.253 of 2023 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 1/5

connection with a case in Crime No.253 of 2023, for the offence under Sections 294(b), 323, 324, 354 and 506(ii) IPC, have filed this petition seeking anticipatory bail.

2. The defacto complainant is the wife of A1, who is the brother of the petitioners. The case of the prosecution is that on 21.10.2023, the petitioners attacked the defacto complainant with a wooden log and caused injuries and also threatened her with dire consequences. Hence, the case.

3. The learned counsel appearing for the petitioners submits that the defacto complainant was married to A1. Due to some misunderstanding, there was a dispute between them. Therefore, the defacto complainant has lodged a complaint against her husband and his family members. Thereafter, the matter has been compromised between the parties, before the concerned Court. He further submits that the defacto complainant and her parents have abused the petitioners and A1 and A2 threatened them with dire consequences. Therefore, they have lodged a complaint as against the defacto complainant and her parents and the same was registered in Crime No.254 of 2023. In order to take revenge against them, this false complaint has been lodged as against the petitioners. Hence, he prays for grant of anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl. Side) opposes for grant of anticipatory bail on the ground that the investigation is yet to be completed.

5. Considering the nature of offence and also considering the fact that it is a case in counter, 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, Pattukkottai.

(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 daily at 10.30 a.m. until further orders. They have to co-operate for the investigation. 3/5

(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. (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/- 05/06/2024 / 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, PATTUKKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.

3. THE INSPECTOR OF POLICE, ADIRAMPATTINAM POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.B.ANANDAN, Advocate ( SR-6236[I] dated 07/06/2024 )

ORDER

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IN CRL OP(MD) No.8125 of 2024 Date :05/06/2024 RK/JGB (12/06/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5