Mani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.22954 of 2018 MANI ... PETITIONER / SOLE ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, PALAVOOR POLICE STATION, PALAVOOR, TIRUNELVELI DISTRICT.
(CRIME NO.292/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.PALANI VELAYUTHAM Advocate For Respondent : Mr.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 448, 294(b), 352 and 506(ii) I.P.C and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.292 of 2018 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the de-facto complainant's son, by name Arjun had married one Kavi. After their marriage there was some dispute between the couples, due to that a criminal complaint was lodged and a case was registered. On 23.12.2018 at about 09.00 p.m., one Mani has trespassed into the petitioner's house, abused her in filthy language and also kicked her in the stomach and pushed down to earth. When the same was questioned by the husband of the petitioner, the said accused attacked the petitioner's husband and threatened him with dire consequences. Thereby he sustained injuries. Hence, the complaint.
3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate [Criminal Side] appearing for the respondent.
https://hcservices.ecourts.gov.in/hcservices/ 4.According to the petitioner, he is an innocent person and he has not committed any offence as alleged by the prosecution. He has
been falsely implicated in this case.
5.The learned Government Advocate [Criminal side] for the respondent submitted that the victim sustained simple injury.
6. Considering the facts and circumstances of the case and also considering the fact that the dispute arose on account of matrimonial dispute and the victim sustained simple injury, this Court is inclined to grant Anticipatory Bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Valliyoor, Tirunelveli District and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate Magistrate, Valliyoor, Tirunelveli District concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30.am., until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.
7. The petitioner 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 shall stand dismissed.
sd/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR,TIRUNELVELI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
3 THE INSPECTOR OF POLICE PALAVOOR POLICE STATION, PALAVOOR, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.S.PALANI VELAYUTHAM Advocate SR.No.24170 PS/PN/SAR-2/02.01.2019/2P/6C
ORDER
IN CRL OP(MD) No.22954 of 2018 Date :27/12/2018 https://hcservices.ecourts.gov.in/hcservices/