Dhanabal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Dhanabal
2. Maheshwari ... Petitioners No.1&2/Accused Nos.1&2 Vs The State rep.by, The Inspector of Police, Thiruverambur Police Station, Trichy.
(Crime No.341/2023).
... Respondent/Complainant For Petitioners : V.Vishnu, 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.341/2023 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners/Accused herein, who was arrested for the alleged offence under Sections 294(b), 452 324 and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.341 of 2023, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 29.07.2023, the defacto complainant, who is the Village President was in her office. At that time, the accused persons, entered into the office by questioning the defacto complainant about the construction of the sewage pipe and also threatened her and attacked her with stones. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution. He further submitted that the injured is discharged from the hospital and he is also ready to file an undertaking that they will not make any trouble to her in future. Hence, prays for bail.
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4. The learned Government Advocate(Crl.Side) appearing for the respondent police submitted that the petitioners attacked defacto complainant with stones and caused injuries to her. He further submitted that the injured has been discharged from the hospital.
5. Considering the facts and circumstances of the case, the readiness of the petitioners to file an affidavit that they will not make any trouble to her in future and the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners 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 Additional Mahila Court, Trichy, 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. 3/5
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.
8. The petitioners shall file an undertaking affidavit before the concerned Police Station stating that they will not make any trouble to the defacto complainant and others in future. If there is any violation of affidavit or if any fresh case is registered against them, the bail granted by this Court shall stand cancelled automatically without any reference to the Court.
sd/- 09/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
tta TO 1.THE JUDGE, ADDITIONAL MAHILA COURT, TRICHY 4/5
2.THE INSPECTOR OF POLICE, THIRUVERAMBUR POLICE STATION, TRICHY.
3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.14527 of 2023 Date :09/08/2023 RK/VRS (18/08/2023) 5P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5