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Madras High CourtCRL OP(MD)/12983/2023granted

Pandi v. The Inspector Of Police

2023-07-17Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12983 of 2023

1. Pandi

2. Perumayee ... Petitioner/Accused No.1 and 2 Vs The State Rep. by Inspector of Police, Valandur Police Station, Madurai District.

(In Crime No.63 of 2023).

... Respondent/Complainant For Petitioners : M/s.V.Selvakumar, 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.63 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2001, in Crime No.63 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the intercaste marriage was performed between the defacto complainant's daughter and one Anandaraj. Due to which, the petitioners along with the other accused persons abused the defacto complainant in filthy language and also attacked him with woodenlog and caused injuries to him. Hence, the complaint.

3.The learned counsel for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that due to previous enmity, the present complaint has been given by the defacto complainant and also submitted that the co-accused were arrested and thereafter, released on bail.

4. The learned Government Advocate(Crl.Side) appearing for the respondent submits that no previous case is pending against the petitioners and also submitted

that the injured has been discharged from the hospital. 5.Considering the facts and the circumstances of this case and the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, however, with stringent conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate No.II, Usilampatti, and on their executing 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 every Saturday at 10.30 am until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 17/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

tta

TO 1 THE JUDICIAL MAGISTRATE NO.II USILAMPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE VALANDUR POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12983 of 2023 Date :17/07/2023 SS/MR/03/08/2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023