Selvakumar v. The Sub 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 CRL OP(MD). No.15848 of 2022
1. Selvakumar
2. Sahunthala ... Petitioners/Accused No.1 & 2 Vs State rep.by The Sub Inspector of Police, Nathampatti Police Station, Virudhunagar District.
(Crime No.102 of 2022).
... Respondent/Complainant For Petitioners : Mr.Uthayakumar.A, 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. 102 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners are facing charges under Sections 294(b), 354A, 354C, 505(2), 511 and 506(1) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.102 of 2022 on the file of the respondent police.
2.The learned counsel for the petitioners seeks permission of this Court to withdraw this petition insofar as the 1st petitioner is concerned.
3.In the complaint, it has been stated that the 1st petitioner used to videograph the movements inside the house of the defacto
complainant and used to threaten that he will upload the same in the social media. When that was informed to the 2nd accused, who is the wife of the 1st accused, the 1st accused came out of the house and picked up quarrel with the defacto complainant stating that she was giving false complaint to the 2nd accused.
4.Considering the fact that there is no allegation against the 2nd petitioner in the complaint and the complaint is only against the 1st accused, this Court is inclined to grant anticipatory bail to the 2nd petitioner alone.
5.Accordingly, this Criminal Original Petition is partly allowed and the 2nd petitioner is ordered to be released on bail in the event of arrest or on her appearance, before the learned Judicial Magistrate No.I, Srivilliputhur, Virudhunagar District, on condition that the 2nd 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 2nd petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The 2nd petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.The 2nd petitioner 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. Insofar as the 1st petitioner is concerned, this petition stands dismissed as withdrawn. Sd/- 02/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.
MM 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.
TO
1. THE JUDICIAL MAGISTRATE NO.I, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3. THE SUB INSPECTOR OF POLICE, NATHAMPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.UTHAYAKUMAR.A Advocate SR.No.9680
ORDER
IN CRL OP(MD) No.15848 of 2022 Date :02/09/2022 SP/SVR/SAR II/14/09/2022/3P/6C