Hathija Ammal v. The Inspector Of Police

CRL OP(MD). No.14149 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.08.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.14149 of 2022 Hathija Ammal ... Petitioner/2nd Accused Vs State represented by The Inspector of Police, Manamelkudi Police Station, Pudukottai District.

(Crime No.597 of 2021) ... Respondent/Complainant For Petitioner : Mr.T.Lenin Kumar, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.597 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A.2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 323, 324, 506(2) and 302 IPC, in Crime No.597 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity between the parties, on 13.12.2021 at about 07.30 p.m., the petitioner and her husband abused the defacto complainant in filthy language and threatened his son-in-law that he will come to seashore as dead body. At that time, there was a wordy quarrel between them, the petitioner's husband and her brother-in-law assaulted the defacto complainant's brother with crowbar and also caused grievous chest injury to the defacto complainant's brother. As a result, he succumbed to the injury.

Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and she has not committed any offence as alleged by the prosecution. He would further submit that this is the third application seeking anticipatory bail on medical ground. https://www.mhc.tn.gov.

CRL OP(MD). No.14149 of 2022 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner has produced the out-patient records issued by the Jipmer Hospital, Puducherry. He would further submit that investigation is pending. 5.As rightly contended by the learned Additional Public Prosecutor, the petitioner has produced the out-patient records issued by the Jipmer Hospital, Puducherry and that the petitioner has not produced any medical records that the petitioner is bedridden or is taking treatment for some serious ailments. 6.Considering the above facts and circumstances and also the seriousness and gravity of the offence alleged against the petitioner and also the facts that investigation is pending and that there is no change in circumstances, since the dismissal of the earlier application, this Court is not inclined to grant anticipatory bail to the petitioner.

7.In the result, this Criminal Original Petition is dismissed. sd/- 12/08/2022 / TRUE COPY / /08/2022 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.

TO

1. The Inspector of Police, Manamelkudi Police Station, Pudukottai District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.14149 of 2022 Date :12/08/2022 das RS/JM/SAR.2(16.08.2022) 2P-3C https://www.mhc.tn.gov.in/judis 2/2