S. Jeya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN 1.S.Jeya 2.K.Rajiv Gandhi ... Petitioners / Accused Nos.1 and 2 Vs The State rep by, The Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.

(Crime No.126/2023.) ... Respondent / Complainant For Petitioner : Mr.A.S.Vaigunth, Advocate.

For Respondent : S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.126/2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners/Accused No.1 and 2, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 294(b), 323 of 1/4

I.P.C. r/w. Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002 in Crime No.126 of 2023 on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners and the defacto complainant are relatives. On 25.06.2023, when the defacto complainant and her maternal uncle were in hospital, the first petitioner came there and questioned the defacto complainant that who is she to take care of her husband, so the petitioners assualted the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any such offences as alleged by the prosecution.

4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that injured has been discharged from the hospital and there is no previous case pending against these petitioners.

5. Considering the nature of offence and considering that there is no previous case registered against these petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.I, Virudhunagar, on condition that the 2/4

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 on receipt of summons and as and when requires for interrogation. 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/- 11/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Judicial Magistrate No.I, Virudhunagar.

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

3.The Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.

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

+1 CC to M/s.A.S.VAIGUNTH, Advocate ( SR-10476[I] dated 11/07/2023 )

ORDER

IN CRL OP(MD) No.12610 of 2023 Date :11/07/2023 ED/BUC/SAR- (26/07/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4