Pasupathi Raj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Pasupathi Raj

2. Revathi ... Petitioners/Accused No.1 & 2

Versus

The State, Rep. by Inspector of Police, Woraiyur Police Station, Trichy City, Trichy District.

(Crime No.390 of 2024) ... Respondent/Complainant For Petitioners : Mr.K.Yasar Arafath 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.390 of 2024 on the file of the Respondent Police.

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.390 of 2024, for the offence under Sections 1/4

294(b) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, have filed this petition seeking anticipatory bail.

2. The defacto complainant is the paternal aunt of the first petitioner. The case of the prosecution is that the petitioners abused the defacto complainant in filthy language and harassed her. Hence, the complaint.

3. The learned counsel appearing for the petitioners submits that the petitioners are husband and wife. Due to money dispute, the defacto complainant's husband picked up a quarrel with the first petitioner and also abused them. Now, the defacto complainant has foisted this case against the petitioners, at the instigation of her husband. Hence, he prays for grant of anticipatory bail to the petitioners.

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 the relationship between the parties, 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 2/4

(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.IV, 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 as and when required for interrogation. 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/- 26/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY 3/4

TO 1 THE JUDICIAL MAGISTRATE NO.IV, TRICHY.

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

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

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

ORDER

IN CRL OP(MD) No.9303 of 2024 Date :26/06/2024 SS/GS/SAR- /05/07/2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4