Sangavi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Sangavi

2. Hemalatha

3. Sonaimuthu

4. Chitravalli ... Petitioners/Accused No.3 to 6 Vs The State Rep. By, The Inspector of Police, Keeraithurai Police Station, Madurai City.

Crime No. 500 of 2022. ... Respondent/Complainant For Petitioners :

Mr. Pakalavan.S., Advocate.

For Respondent :

Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 500 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners are facing charges under Sections 147, 294(b), 323, 324 and 506(2) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.500 of 2022 on the file of the respondent police.

2.The case of the prosecution, as per the defacto complainant's version, is that on 21.08.2022 at about 05.30 pm., the neighbours picked up quarrel as to the place of parking of the auto and caused assault with Aruval, in which the relatives of the 1st accused joined and the daughter and wife were injured. They were taken to the hospital and on the basis of the aforesaid complaint, the case has been registered.

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3.Accused 3 to 6 have filed this petition seeking anticipatory bail on the ground that no specific overt act has been attributed against them in the First Information Report. Even though the name has not been mentioned, it has been stated that the relatives of the 1st accused joined together and caused assault to the defacto complainant's party. Even though the learned counsel for the petitioners would submit that on the basis of the counter complaint given by the 1st accused, CSR number has been issued, the learned Government Advocate (Crl.side) for the respondent would submit that no such complaint was given and no such CSR was also registered. 4.

Considering the fact that no previous bad antecedent is reported against the petitioners and the occurrence said to have taken place over petty issue, this Court is inclined to grant anticipatory bail to the petitioners herein also. 5.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 No.IV, Madurai, 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 the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 am., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C.

scrupulously.

6.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 shall stand dismissed.

sd/- 02/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO

1. THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, KEERAITHURAI POLICE STATION, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.15793 of 2022 Date :02/09/2022 mm USK/SBN/SAR-II/12.09.2022/3P/5C 3/3