Sillaiyammal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Silaiyammal 2.Veni ... Petitioners/Accused 4 & 5 Vs State rep. by The Inspector of Police, Keelathooval Police Station, Ramanathapuram District.
(Cr.No.102 of 2024) ... Respondent/Complainant For Petitioners : Mr.A.R.Kannappan, 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.102 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.102 of 2024, for the offence punishable under 1/5
Sections 143, 294(b), 323, 324 and 302 IPC, has filed this petition seeking anticipatory bail.
2. The first petitioner is the wife of A-1 and the second petitioner is the daughter of A-1. The case of the prosecution is that the petitioners and the defacto complainant are relatives. Due to previous enmity, the petitioners and other accused have pelted stones on the defacto complainant's deceased brother, attacked him with a wooden log and caused injury. Hence, the case.
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. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police raised objections that the petitioners were also present in the place of occurrence and they instigated the other accused and the other accused persons to pelt stones on the deceased person. Subsequently, the victim died.
5. Considering the facts and circumstances of the case and also considering the nature of allegation, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of their arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before 2/5
the learned Judicial Magistrate, Muthukulathoor, Ramanathapuram District., on condition that (i) the petitioner 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, Muthukulathoor, Ramanathapuram District.
(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.
(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.
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(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/- 18/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
JBR TO 1 THE JUDICIAL MAGISTRATE, MUTHUKULATHOOR, RAMANATHAPURAM DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE, KEELATHOOVAL POLICE STATION, RAMANATHAPURAM DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.R.KANNAPPAN, Advocate ( SR-6678[I] dated 19/06/2024 ) 4/5
ORDER
IN CRL OP(MD) No.8127 of 2024 Date :18/06/2024 SA/GS/SAR. /05.07.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5