Sankareswari v. The Inspector Of Police

CRL OP(MD).No.15487 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved on : 14/09/2022 Pronounced on : 16/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD).No.15487 of 2022 1.Sankareswari 2.Dhanalakshmi 3.Gopal @ G.P.Raja ... Petitioners/Accused A1 to A3 Vs The State rep.by, The Inspector of Police, Perunkudi police Station, Madurai District.

(Crime No.99/22)..

... Respondent/Complainant For Petitioners: M/s.P.Senguttuarasan Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.99/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections174 Cr.P.C., @ 306 of IPC in Cr.No.99 of 2022, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant and petitioner are relatives and there was a land dispute between them. In this circumstances, the petitioners entered into a wordy quarrel with the defacto complainant and his sister. In this incident, the petitioners have pushed down the defacto complainant's sister and she sustained injury. Hence the complaint. 3.The learned counsel for the petitioners submitted that the petitioners/A1 to A3 have not committed any offence as alleged by the prosecution. In an earlier complaint, the defacto complainant https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD).No.15487 of 2022 has stated that his sister fell down accidentally in a crowd. Later he changed his stand and alleged that the petitioners pushed his sister down. They were falsely implicated in this case. It was the defacto complainant, who has given a false complaint against the petitioners and pray the petitioners to be released on anticipatory bail.

4.The learned Government Advocate(Crl.side) submitted that there was a wordy quarrel between the defacto complainant and the petitioners which was developed into a scuffle, in which the petitioners pushed the defacto complainant's sister and she sustained thigh fracture, admitted in the hospital and died after six days of treatment and pray the petition to be dismissed. 5.Considering the facts and circumstances of this case and considering the nature of offence, this Court is not inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 16/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO 1.The Inspector of Police, Perunkudi police Station, Madurai District.

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

ORDER

IN CRL OP(MD) No.15487 of 2022 Date :16/09/2022 RK/SVR/SAR-II (20/09/2022) 2P/3C https://www.mhc.tn.gov.in/judis 2/2