Subramaniyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/06/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI 1.Subramaniyan 2.Maheshwari ... Petitioners/Accused No.1 & 2 Vs The Inspector of Police, Musiri Police Station, Trichy District, (Crime No.143/2024.) ... Respondent/Complainant For Petitioners :

Maheswaran R, 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.143/2024 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 and 506(i) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.143 of 2024, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the pet dog belonging to the 1/4

petitioners/accused carried a diaper in its mouth and dropped the same in the house of the defacto complainant and when the same was questioned by the defacto complainant, the petitioners abused the defacto complainant in filthy language and assaulted her. Hence, the complaint.

3.The learned counsel appearing for the petitioners submits that the petitioners and the defacto complainant are neighbours. Due to domestic quarrel, the defacto complainant lodged the above complaint. 4.The learned Additional Public Prosecutor appearing for the respondent submits that the petitioners and the defacto complainant are neighbours. No previous case is pending as against the petitioners. 5.Considering the facts and circumstances of the case, and also considering that no previous case is pending as against the petitioners, 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, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Musiri, Trichy District on condition that the petitioners shall execute 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 2/4

Judicial Magistrate, Musiri, Trichy and on further conditions that: i. 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; ii. The petitioners shall appear before the respondent police as and when required by the respondent police.

iii. The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well.

iv. 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/- 06/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN 3/4

To 1.The Judicial Magistrate, Musiri, Trichy District.

2.Do through the Chief Judicial Magistrate, Trichy District.

3.The Inspector of Police, Musiri Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.8200 of 2024 Date :06/06/2024 ED/ JGB /SAR- (14/06/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4