Remila Balsi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Remila Balsi

2. Rukumani

3. Virgithammal

4. Swedha

5. Jeya Justus ... Petitioners/Accused No.2 to 6 Vs The State Rep.by The Inspector of Police, Kottar Police Station.

Crime No.201 of 2022.. ... Respondent/Complainant For Petitioner : M/s.Mahalakshmi S, Advocate.

For Respondent : P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.201 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 to 6, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b), 323, 354, 506(i) and 379(NP) IPC in Crime No.201 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the husband of the defacto complainant is that the Administrative Manager of the St.Francis Matriculation School, Sarakalvilai, Kottar. Because of some dispute between A1 and the petitioners herein, on 22.04.2022 defacto complainant and her husband alleged to have trespassed into the school and at that time, A3 and A4 are said to have snatched 4 sovereigns of gold chain form the defacto complainant and criminally intimidated with dire consequences.

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3. The learned counsel for the petitioners submitted that it is a case of case and counter case and that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the chain has been recovered from A2. Even though she was not arrested on the ground that she was very old in age. He would further submit that in respect of the very same occurrence a counter case has also been registered against the defacto complainant and that the defacto complainant was arrested and released on regular bail.

5. Considering the fact that there was dispute between the members of the school administration and that it is a case and counter case and that the defacto complainant has already been arrested and enlarged on bail, 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, before the the learned Judicial Magistrate Additional Mahila Court, Nagercoil in Kanyakumari District 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 concerned Magistrate and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 27/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, NAGERCOIL, KANYAKUMARI DISTRICT.

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2. THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3. THE INSPECTOR OF POLICE KOTTAR POLICE STATION.

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

+1 CC to M/s.S.MAHALAKSHMI, Advocate ( SR-6283[I] dated 29/06/2022 )

ORDER

IN CRL OP(MD) No.11388 of 2022 Date :27/06/2022 RD/SKN/SAR-IV(30.06.2022) 3P 6C 3/3