Parameshwari @ Parameswari v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Parameshwari @ Parameswari, ... Petitioner/Accused No.3 Vs The Inspector of Police, Keelathooval Police Station, Ramanathapuram District.
Crime No. 102/2024.
... Respondent/Complainant For Petitioner : Mr.K.Sivabalan,Advocate for M/s.Aran Legal Consultancy, For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PRAYER :- For Anticipatory Bail in Crime No. 102 of 2024 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 143, 294(b), 323, 324 and 302 IPC, in crime No.102 of 2024, seeks anticipatory bail. 1/5
2.The case of the prosecution is that due to previous enmity, the petitioner and other accused have pelted stones on the brother of the de-facto complainant, attacked him with a wooden log and thereby he died. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Counsel would submit that co-accused in this case were already obtained anticipatory bail and the investigation is yet to be completed and hence, he strongly opposed to grant bail. 5.Considering the facts and circumstances of the case and also considering the fact that co-accused were already obtained anticipatory bail, this Court is inclined to grant bail to the petitioner on certain conditions. 6.Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or her appearance, within a period of fifteen 2/5
days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Muthukulathur, Ramanathapuram District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall report before the respondent police daily at 10.30 am until further orders.
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond either during investigation or trial; (e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 3/5
Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 29/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THE JUDICIAL MAGISTRATE, MUTHUKULATHUR, RAMANATHAPURAM DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE KEELATHOOVAL POLICE STATION, RAMANATHAPURAM DISTRICT. 4/5
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M/S.ARAN LEGAL CONSULTANCY, Advocate ( SR-8824[I] dated 29/07/2024 )
ORDER
IN CRL OP(MD) No.11856 of 2024 Date :29/07/2024 SS/VR/SAR- /07/08/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5