Marikalai v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.07.2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN 1.Marikalai 2.Velmurugan 3.Chinnakkalai 4.Jeyapandian 5.Muthuraj 6.Alwar 7.Chinnaramasamy 8.Poochammal 9.Kasthuri 10.Kaliyammal 11.Subbulakshmi ... Petitioners/ Accused 1 to 6,9 to 12 &14 Vs The State Represented by, The Sub-Inspector of Police, M.Pudhupatti Police Station, Virudhunagar District.

Crime No.115 of 2021 ... Respondent/Complainant For Petitioners : Mr.M.Jothibasu, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate(Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.115 of 2021 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 147, 294(b), 341, and 506(1) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.115 of 2021, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant's husband borrowed money from many persons. The persons who lent 1/3

money started asking money from the defacto complainant and her parents-in-law. On 20.07.2021, at about 08.30 pm, when the defacto complainant was in her house along with her mother and aunt, the accused had come as a group and started scolding them in filthy language. Then on 21.07.2021, at about 07.00 am, the accused again came and scolded her father-in-law. Therefore, they were deeply hurt. At about 10.00 am, it was informed to the defacto complainant that her parents-in-law consumed Rokkar. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal Side) opposed this petition on the ground that investigation is still pending. However, he submitted that the defacto complainant's parents-in-law are out of danger.

5. It is seen from the narration of facts that the incident happened due to the borrowal made by the defaco complainant's husband and his failure to re-pay the amount. The accused said to have scolded the defacto complainant and her parents-in-law and therefore, her parents-in-law attempted to commit suicide. Now, they are out of danger. Taking into consideration the facts and circumstances of this case, this Court is of the view that custodial interrogation of the petitioners is not necessary and hence, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, 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 No.

II, Sivakasi, Virudhunagar 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a]the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b]the petitioners 1 to 8 shall report before respondent police daily at 10.30 am., until further orders. The petitioners 9 to 11 shall report before the respondent Police as and when required. [c]the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d]the petitioners shall not abscond either during investigation or trial.

[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action 2/3

against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 30/07/2021 / TRUE COPY / / /2021 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 NO.II, SIVAKASI, VIRUDHUNAGAR.

2.-DO- THRO'THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3.THE SUB INSPECTOR OF POLICE, M. PUDHUPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.JOTHIBASU M Advocate SR.No.4969 DATED:30.07.2021

ORDER

IN CRL OP(MD) No.10205 of 2021 Date :30/07/2021 MBI RT/JM/SAR-III/04.08.2021/2P/6C 3/3