Iswarya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Iswarya

2. Senthilkumar ... Petitioners/Accused No.1 & 2 Vs The State Rep. By, The Inspector of Police, Ariyamangalam Police Station, Trichy City, Trichy District.

Crime.No.650 of 2022.

... Respondent/Complainant For Petitioners : M/s.Suresh Kannan C, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 650 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 & 2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 & 506(ii) I.P.C, in Crime No.650 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner is the daughter and the second petitioner is the son-in-law of the defacacto complainant. On 25.04.2022, at about 10.00 a.m, the petitioners went to the house of the defacto complainant and demanded jewels, cash and property from the defacto complainant. When that was refused by him, there a wordy quarrel arose between them. The petitioners said to have scolded the defacto complainant and his wife in filthy language and also attacked him with hands. Hence, the complaint.

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3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that is a case and case in counter and no one has sustained injury in this case and hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that because of the above said demand, trouble has been arisen between the parties and none injured in this issue. He further submitted that it is a case and case in counter. On the basis of the complaint given by the first petitioner against the defacto complainant, case in Crime No.642 of 2022 has been registered for return back of her jewel, cash and some documents. 5.It appears that because of the first case, trouble has arisen between the parties. The petitioners may take steps to settle the issue.

6. Considering the facts and circumstance of the case and also considering the fact that it is a dispute between the father and the daughter and none injured in this case, this Court is inclined to grant anticipatory bail to the petitioners.

7. 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 learned Judicial Magistrate-No.IV, Trichy, Trichy 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 the learned Magistrate concerned and 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.

8. 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/- 23/06/2022 / TRUE COPY / / /2022 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.

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TO

1. THE JUDICIAL MAGISTRATE NO.IV, TRICHY.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, ARIYAMANGALAM POLICE STATION, TRICHY CITY, TRICHY DISTRICT.

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

+1 CC to M/s.C.SURESH KANNAN, Advocate (SR-6029[I] dated 23/06/2022 )

ORDER

IN CRL OP(MD) No.11176 of 2022 Date :23/06/2022 dss USK/PN/SAR-I/29.06.2022/3P/6C 3/3