Arockiyasami v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.07.2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN 1.Arockiyasami 2.Prabakaran 3.Kamalakannan ... Petitioners / Accused No.1 to 3 Vs State Represented by The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

(Crime No.247 of 2023) ... Respondent / Complainant For Petitioners : Mr.G.Mariappan, Advocate For Respondent : Mr.S.Manikandan, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.247 of 2023 on the file of the Respondent Police. 1/4

ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324, 506(ii) IPC and Section 4 of TNPHW Act in Crime No.247 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant married one Ramalakshmi. Even on the fifth day of marriage, the wife of the defacto complainant deserted the family and went away. On 25.06.2023, at about 19.00 hours, when the defacto complainant and his family members were standing in front of their house, the accused persons came there and abused them in filthy language and also attacked them with knife. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. 4.The learned Government Advocate (Crl. Side) for the respondent police submitted that because of the matrimonial dispute between the defacto complainant and his wife, the said occurrence taken place. There is no previous antecedents and the injured person has been discharged from the hospital. 5.Considering the nature of offence, the overt act attributed against the petitioners, the injured person has been discharged from the hospital and there is no 2/4

previous antecedents, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is allowed and petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.II, Sivakasi on condition that the petitioners shall execute 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 concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners 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 stands dismissed. sd/- 10/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS 3/4

To 1.The Judicial Magistrate No.II, Sivakasi.

2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

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

+1 CC to M/s.G.MARIAPPAN, Advocate ( SR-10487[I] dated 11/07/2023 )

ORDER

IN CRL OP(MD) No.11995 of 2023 Date :10/07/2023 ED/MR/SAR- (27/07/2023) 4P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4