Malligaa v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Malligaa ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Peravurani Police Station, Thanjavur District.

Crime No. 204 of 2021.

... Respondent/Complainant For Petitioner : Mr.S.J.CHAKKKARAVARTHY, Advocate.

For Respondent : Mr.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.204 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A2 apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 and 506(ii) I.P.C. in Crime No.204 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is the second wife of the first accused and the defacto complainant is none other than the first wife of the first accused. Due to dispute between themselves, the petitioner abused the defacto complainant in filthy language and also assaulted her. Hence, the complaint. 3.The learned counsel for the petitioner submits that the petitioner is an innocent, she has not committed any offence as alleged by the prosecution, but she has been falsely implicated in this case.

4.The learned Government Advocate (Crl.Side) appearing for the respondent, on instructions, would submit that the victim suffered simple injury and she was treated as an out-patient in the hospital. 1/3

5.Considering the facts and circumstances of the case, the fact that the victim suffered simple injury and she was treated as an out-patient in the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pattukkottai, Thanjavur District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

(b)the petitioner shall report before the respondent police as and when required for interrogation.

(c)the petitioner shall not tamper with the evidence or witness either during investigation or trial;

(d)the petitioner 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 against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]; and;

(f)if the accused/ petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 04/08/2021 / 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.

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TO 1.THE JUDICIAL MAGISTRATE PATTUKKOTTAI THANJAVUR DISTRICT.

2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3.THE INSPECTOR OF POLICE PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to Mr.S.J.CHAKKKARAVARTHY, Advocate SR.No.5114

ORDER

IN CRL OP(MD) No.10587 of 2021 Date :04/08/2021 SA/VR/SAR.2/18.08.2021/3P/6C 3/3