Madras High CourtCRL OP(MD)/14743/2022granted

Thangammal v. The Inspector Of Police

2022-08-17Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.14743 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14743 of 2022 Thangammal ... Petitioner/Accused No.3 Vs The State rep.by The Inspector of Police, Kattuputhur Police Station, Trichy District.

(Crime No. 169 of 2022) ... Respondent/Complainant For Petitioner : M/s.ARUNRAJ.K, Advocate.

For Respondent : Mr.B.THANGA ARAVINDH Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.438 of Cr.P.C PRAYER :- For Bail in Crime No. 169 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested on 28.07.2022 for the alleged offences under Sections 448, 294(b), 307 and 506(ii) IPC @ Sections 448, 294(b), 307, 506(ii), 201 and 109 IPC, in Crime No.169 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant's elder son viz., Vijay was un married. The wife of the 1st accused was in illegal intimacy with the above said Vijay. Due to the said motive, the accused persons alleged to have threatened the above said Vijay. Later on 25.07.2022 at about 11.30 pm the petitioners came to the house of the defacto complainant and assaulted the said Vijay. When the defacto complainant tried to prevent, she has also suffered injuries due to assault. Hence, the case. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl. Side) submitted that there was some previous motive, due to to which there frequent trouble arose between the parties and the investigation is pending. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14743 of 2022 5.Considering the period of incarceration and the fact that the final report has been filed before the concerned Court and committal proceedings is going on, this Court is inclined to grant bail to the petitioner with stringent conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing 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 learned District Munsif - Cum - Judicial Magistrate, Thottiyam, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

7. After releasing on bail, the petitioner must file an undertaking affidavit stating that he will not indulge this kind of offence in future before the concerned Magistrate Court and send another copy to the concerned Police Station. 8.If any violation is noticed after filing undertaking affidavit, bail granted by this Court, shall stand automatically cancelled without reference to this Court.

sd/- 17/08/2022 / TRUE COPY / 17/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THOTTIYAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI DISTRICT.

3 THE SUPERINTENDENT CENTRAL WOMEN PRISON, TRICHY.

4 THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION, TRICHY DISTRICT.

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

ORDER IN CRL OP(MD) No.14743 of 2022 Date :17/08/2022 TRP SA/PN/SAR.3/17.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2