Deepa v. The 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.Deepa 2.Rajeshwari 3.Subbaiyan 4.Krishnaswamy 5.Parvathi ... Petitioners / Accused Nos.1 to 5 Vs The State represented by The Inspector of Police, Thiruvarambur Police Station, Trichy District.
Crime No.330 of 2023. ... Respondent / Complainant For Petitioners : M/s.S.Muthumalairaja,Advocate For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.330 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(B), 323 and 506(ii) 1/4
of IPC in Crime No.330 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to previous family dispute, on 19.07.2023, the first accused made a call to the defacto complainant, abused him in filthy language. On 20.07.2023 at about 5.30 p.m., the defacto complainant went to the house of the first accused to enquire about the incident. At that time, the accused persons joined together assaulted the defacto complainant, abused him in filthy language and made life threat to him. Hence the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent, they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. The learned counsel for the petitioner would further submit that the first accused is a Government servant, the second accused is a teacher and the third accused is aged about 75 years and seeks indulgence of this Court.
4. The learned Additional Public Prosecutor would submit that due to family dispute, trouble has arisen between the parties. A counter case in Crime No.329 of 2023 has also been registered against the defacto complainant.
5. Considering the facts and circumstances of this case and also the fact that it is a case, case in counter over a family dispute, this Court is inclined to grant relief to 2/4
the petitioners.
6. 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 VI, Trichy, 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 on further condition that the petitioners shall appear before the respondent police once in 15 days on Sunday ie., on the 1st and 3rd Sunday of a month, until further orders. The petitioners 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/- 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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PNN TO THE JUDICIAL MAGISTRATE NO.VI TRICHY.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
THE INSPECTOR OF POLICE THIRUVARAMBUR POLICE STATION, TRICHY DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.MUTHUMALAI RAJA, Advocate ( SR-11680[I] dated 02/08/2023 )
ORDER
IN CRL OP(MD) No.14122 of 2023 Date :02/08/2023 PKP/VRS/SAR- /16.08.2023/ 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4