Pethanachiyar @ Pethurajammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/07/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN 1.Pethanachiyar @ Pethurajammal 2.Azhagar @ Alaguraja ... Petitioners / Accused Nos.1 & 2 Vs The State, represented through The Inspector of Police, Seithur Police Station, Virudhunagar District.

(Crime No.176 of 2023.) ... Respondent / Complainant For Petitioner : Mr.C.Susi Kumar, 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.176 of 2023 on the file of the Respondent police.

ORDER : The Court made the following order :- 1/4

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), 506(i) I.P.C. And Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.176 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the when the defacto complainant was wetting clothes at terrace, water drained and fall on first accused, who passed in the street. So the accused persons entered into quarrel with the defacto complainant and abused her using filthy language. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that it is issue between the neighbours.

5. Considering the nature of offence and it is the issue between neighbours, 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, Rajapalayam, Virudhunagar District, 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 2/4

the learned Magistrate concerned and the petitioners shall appear before the respondent Police on receipt of summons and as and when required. 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/- 24/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Judicial Magistrate, Rajapalayam, Virudhunagar District.

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

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

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

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+1 CC to M/s.S.MEENA, Advocate ( SR-11212[I] dated 25/07/2023 )

ORDER

IN CRL OP(MD) No.13431 of 2023 Date :24/07/2023 ED/MR/SAR- (31/07/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4