Nagalingam A v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14619 of 2023 1.A.Nagalingam 2.P.Abhishek ... Petitioners / Accused Nos.1 and 2 Vs The State represented by The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.
Crime No.190 of 2023.
... Respondent / Complainant For Petitioners : Mr.K.Raamakrishnan, 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.190 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 506(i) of IPC and Section 4 of TN Prohibition of Harassment of Women Act in Crime No.190 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to the family dispute between the deacto complainant and the petitioners, on 30.07.2023, the accused persons, scolded the defacto complainant in filthy language, attacked him and caused injuries and criminally threatened him with dire consequences. Hence the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocents, they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. They seek for the relief of anticipatory bail.
4. The learned Additional Public Prosecutor would submit that a quarrel arose between the family members over a petty issue. A counter case also came to be registered in Crime No.189 of 2023.
5. Considering the facts and circumstances of this case and also the fact that a trouble arose over a family dispute, this Court is inclined to grant relief to 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 his appearance, before the learned Additional Mahila (Magistrate Level), Nagerkoil, Kanyakumari District, on condition that the petitioners 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 daily at 10.30 a.m., 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/- 10/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN TO 1 THE ADDITIONAL MAHILA JUDGE (MAGISTRATE LEVEL), NAGERKOIL, KANYAKUMARI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.
3 THE INSPECTOR OF POLICE KANYAKUMARI POLICE STATION, KANYAKUMARI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.KA.RAAMAKRISHNAN, Advocate ( SR-12232[I] dated 11/08/2023 )
ORDER
IN CRL OP(MD) No.14619 of 2023 Date :10/08/2023 SS/VR/29/08/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023