Muthumari v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.M.Muthumari, 2.M.Manimaran, 3.M.Latha, ... Petitioners/Accused Nos. 1 to 3 Vs State Rep.by The Sub Inspector of Police, Thiruppachethi Police Station, Sivagangai District.
Crime No.120/2023..
... Respondent/Complainant For Petitioners :
M/s.Vijay Nivas.SP,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.120/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police 1/4
for the offences punishable under Sections 294(b), 323, 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.120 of 2023, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to civil dispute, on 18.07.2023 at about 12.40 p.m, the accused persons abused the defacto complainant in filthy language and also attacked him with wooden log and caused injuries to him. Hence, the complaint.
3. The learned counsel for the petitioners submits that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He further submitted that due to previous enmity, the present complaint has been given by the defacto complainant. He further submitted that for the very same occurrence, FIR in Crime No.121 of 2023 was registered against the defacto complainant and others.
4. The learned Government Advocate(Crl.Side) appearing for the respondent submits that no previous case is pending against the petitioners and also submitted that the injured has been discharged from the hospital. He further submitted that it is a case in counter case.
5. Considering the facts and the circumstances of this case and also of the fact that it is a case in counter and the injured has been discharged from the hospital, this 2/4
Court is inclined to grant anticipatory bail to the petitioners, however, with stringent conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate Court, Thiruppuvanam, Sivagangai District and on their executing 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 on every Saturday at 10.30 am until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 02/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TTA TO THE JUDICIAL MAGISTRATE, THIRUPPUVANAM, SIVAGANGAI DISTRICT.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
THE SUB INSPECTOR OF POLICE THIRUPPACHETHI POLICE STATION, SIVAGANGAI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.SP.VIJAYNIVAS, Advocate ( SR-11690[I] dated 02/08/2023 )
ORDER
IN CRL OP(MD) No.14093 of 2023 Date :02/08/2023 PKP/BUC/SAR- /14.08.2023/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4