Sivasakthi @ Meena 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 1.Sivasakthi @ Meena 2.Pandi 3.Karuppayee ... Petitioners / Accused Nos.1 to 3 Vs The State represented by The Inspector of Police, Sindupatty Police Station, Madurai District.
Crime No.143 of 2023.
... Respondent / Complainant For Petitioners : Mr.D.S.HAROON RASHEED, 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.143 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, 324 and 506(i) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in 1/4
Crime No.143 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that there was a property dispute between the petitioners and the defacto complainant. The petitioner's are in-laws of the defacto complainant. On 23.07.2023, the accused persons came to the defacto complainant's house, scolded her in filthy language, attacked with iron rod and caused injuries and criminally threatened her 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 property dispute. A counter case also came to be registered in Crime No.142 of 2023. No previous case is pending against the petitioners.
5. Considering the facts and circumstances of this case and also the fact that a trouble arose over a property 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 Judicial Magistrate, Thirumangalam, on condition that the petitioners 2/4
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 is made ready, failing which, the petition for anticipatory bail will stand 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 JUDICIAL MAGISTRATE, THIRUMANGALAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE, SINDUPATTY POLICE STATION, MADURAI DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.14586 of 2023 Date :10/08/2023 SA/SAR. /28.08.2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4