Valarmathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Valarmathi

2. Ragupathi @ Ragupathi

3. Balaji

4. Rajkumar ... Petitioners/Accused No.1 to 4

Versus

The Inspector of Police, Samayapuram Police Station, Trichy District.

Crime No.141 of 2024 ... Respondent/Complainant For Petitioners : Mr.S.Kavin Prince 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.141 of 2024 on the file of the Respondent Police.

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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.141 of 2024, for the offence under Sections 147, 148, 294(b), 323 and 324 IPC, have filed this petition seeking anticipatory bail.

2. The case of the prosecution is that on 06.05.2024 at 8.50 a.m., when the defacto complainant's wife went to the Bank, the first petitioner/A1 abused her in filthy language. When the same was questioned by the defacto complainant, all the accused persons attacked him and caused injuries. Hence, the case.

3. The learned counsel for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submits that there is a civil dispute between the defacto complainant and the petitioners and a Civil suit is pending in O.S.No.43 of 2024 on the file of the learned Sub Judge, Lalgudi. He further submits that on 06.05.2024, the defacto complainant along with his hireling attacked the 3rd petitioner and caused injury, for which, a case has been registered against them in Crime No.137 of 2024. Angered over the same, the defacto complainant has lodged this false complaint against the petitioner.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent Police submits that the investigation is yet to be completed.

5. Considering the nature of offence and also considering the fact that it is a case in counter, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is ordered 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 learned Judicial Magistrate on condition that (i) the petitioners 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 No.III, Trichy;

(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. for a period of two weeks and thereafter, as and when required for interrogation. 3/5

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. (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/- 10/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO

1. THE JUDICIAL MAGISTRATE NO.III, TRICHY 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3.THE INSPECTOR OF POLICE, SAMAYAPURAM POLICE STATION, TRICHY DISTRICT.

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

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ORDER

IN CRL OP(MD) No.8451 of 2024 Date :10/06/2024 RK/VR (14/06/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5