Selvi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12250 of 2022

1. Selvi

2. Sudha ... Petitioners/Accused Nos.2 & 3 Vs State rep.by The Inspector of Police, Uvari Police Station, Tirunelveli District.

(Crime No.96/2022).

... Respondent/Complainant For Petitioners : M/s.Ebenezer.T.A, 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 Cr.No.96/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 307, 324, 354 and 506(ii) of IPC, in Crime No.96 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The complaint given by the defacto complainant is that there was matrimonial dispute between herself and his husband, she got divorce through Court proceedings. Now, the dispute is with regard to pet dog that the cousin of petitioner's husband used to dash on above said pet dog by driving bike. When the activity of the first accused was questioned by the defacto complainant, he has assaulted the father of the defacto complainant and he suffered injuries also.

Similarly, on the basis of the complaint given by first accused viz., the petitioner herein has given a counter case and the same was registered in Crime No.97 of 2022, where it has been mentioned that the defacto complainant herein has abused him in filthy language.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would further submit that the co-accused was arrested and thereafter released on bail by this Court in Crl.O.P(MD).No.12995 of 2022 dated 19.07.2022. 4.The learned Government Advocate (Crl. Side) would submit that it is a dispute between the relatives and the injured person has been discharged from the hospital.

5.Considering the period of incarceration and the fact that the injured has ben discharged from the hospital and the grant of bail to the co-accused by this Court, this Court is inclined to grant anticipatory bail to the petitioners with stringent conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the Additional Mahila Court, Dindigul, Dindigul District, and on their executing 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, Radhapuram, Tirunelveli District, and the petitioners shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

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

Sd/- 20/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA

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.

TO

1. THE ADDITIONAL MAHILA COURT, DINDIGUL, DINDIGUL DISTRICT.

2. THE JUDICIAL MAGISTRATE, RADHAPURAM, TIRUNELVELI DISTRICT.

3. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

4. THE INSPECTOR OF POLICE, UVARI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S. EBENEZER.T.A Advocate SR.No.7350

ORDER

IN CRL OP(MD) No.12250 of 2022 Date :20/07/2022 SP/VR/SAR II/29/07/2022/3P/7C