Anthoyselvi v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Anthonyselvi ... Petitioner/Accused No.2 Vs The State rep.by, The Sub Inspector of Police, Sathankulam Police Station,Thoothukudi District. (Crime No.204/2022) ... Respondent/Complainant For Petitioner : M/s.Ganeshamoorthi A D, Advocate. For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.204 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 306 of IPC, in Crime No.204 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant's brother's wife by name Ramalakshmi was working as noon meal organizar in the Panchayat Elementary School, Irataikinaru. She was also cultivating her land in Nedungulam Village. One High Court Raja and his wife namely, Selvi, the parents of the above said Selvi had done labour work in her field. So, they were having money transaction between them. When Ramalakshmi demanded back the amount, which was lent as loan, the above said Raja, along with his family members trespassed into the house of the above said Ramalakshmi, abused her in filthy language and tried to assault her. When that was resisted by Rasammal, who is the mother of the Ramalakshmi, she has sustained injury. They also defamed Ramalakshmi.

Because of the above said defamatory words, Ramalakshmi was under depression. On the very same day evening, she went missing from her house. Later, she was found in unconscious stage in her field and she was taken to hospital. Inspite of treatment, she died on 04.06.2022. On the basis of the above said complaint, a case in Crime No.204 of 2022 for the offence under Section 174 Cr.P.C was registered.

and subsequently, the offence was altered into 306 IPC. Seeking anticipatory bail, the petitioner, who is second accused approached this Court.

3.The learned counsel for the petitioner submits that the petitioner is an innocent, she has not committed any offence as alleged by the prosecution, but she has been falsely implicated in this case. He would further submit that no specific allegation has been attributed against the petitioner in FIR, because of the illegal intimacy between the first accused and the deceased, the petitioner went to the deceased's house and questioned about the conduct, suddenly a wordy quarrel arose between them, at that time, the petitioner abused the deceased in normal words and also submitted that this Court had granted anticipatory bail to the coaccused in Crl.O.P(MD).No.16876 of 2021 dated 01.11.2022. 4.Heard the learned Government Advocate(Crl.Side) appearing for the respondent and also perused the materials available on record. 5.Perusal of records show that the petitioner is the wife of the first accused and this Court already granted anticipatory bail to the co-accused.

6.Considering the facts and the circumstances of this case and the grant of anticipatory bail to the co-accused by this Court, this Court is inclined to grant bail to the petitioner, however, with stringent conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or her appearance, before the learned Judicial Magistrate, Sathankulam, and on her executing 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 the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

8.The petitioner 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 will stands dismissed.

sd/- 22/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, SATHANKULAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT.

3 THE SUB INSPECTOR OF POLICE SATHANKULAM POLICE STATION, THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.GANESHAMOORTHI A D, Advocate ( SR-10352[I] dated 22/09/2022 )

ORDER

IN CRL OP(MD) No.16989 of 2022 Date :22/09/2022 TTA MK/VRS/SAR.II/28.09.2022/3P/6C 3/3