Subbulakshmi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Subbulakshmi ... Petitioner/Accused No.2 Vs The State, represented by The Inspector of Police, Vadipatti Police Station, Madurai District.
(Crime No.218 of 2023).
... Respondent/Complainant For Petitioner : Mr.V.Kishore Kumar, 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.218 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 506(ii) of I.P.C., and Section 4 of the Tamil Nadu Harassment of Women Act, in Crime 1/4
No.218 of 2023 on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that while the defacto complainant and her husband were spraying water over building concrete, all the accused harassed the defacto complainant and her husband in foul words. The accused No.6 pulled off saree of the defacto complainant and beat the defacto complainant's husband with wooden log, when he was trying to prevent it. Hence, the complaint.
3. The learned counsel for the petitioner would submit that there is a suit pending between the parties regarding pathway issue. Due to that the defacto complainant and her husband abused the third accused and her husband in filthy language. The third accused went to the Police Station and lodged the complaint against the defacto complainant's party and the same was registered in Crime No.219 of 2023. The sixth accused was released on bail on 28.06.2023.
4. The learned Government Advocate (Crl. Side) for the respondent Police submitted it is a case and counter case and co-accused has been released on regular bail.
5. Considering the fact that it is a case and counter case and co-accused has been released on bail, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the 2/4
learned Judicial Magistrate, Vadipatti, 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 learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner 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/- 28/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
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3 THE INSPECTOR OF POLICE, VADIPATTI POLICE STATION, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13875 of 2023 Date :28/07/2023 SA/VRS/SAR. /04.08.2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4