Leelavathi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/08/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14996 of 2023 1.Leelavathi 2.Manikumar 3.Shanmugapriya ... Petitioners/Accused Nos.1 to 3 Vs The State, represented by The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.
Crime No.331 of 2023.
... Respondent/Complainant For Petitioner : Mr.B.Senthil Kumar, 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.331/2023 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/Accused No.1 to 3, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 294(b), 506(i) and 109 I.P.C., in Crime No.331 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 02.04.2023 at about 21.10 hours, when the defacto complainant and his father-in-law were in her house, the first petitioner abused the defacto complainant in filthy language and threatened them with dire consequences at the instigation of the second and third petitioners. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they are no way connected in this case. Further, the petitioners are the close relatives of the defacto complainant. Due to previous enmity over partition of the ancestral property, the defacto complainant has foisted a false complaint against the petitioners.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that it is family issue between the defacto complainant and the petitioners and no previous case is pending against the petitioners.
5. Considering the facts and circumstance of this case and also considering that no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail 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 their appearance, before the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District, on condition that the petitioners shall execute 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 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 will stand dismissed. sd/-- 17/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU
TO 1 THE JUDICIAL MAGISTRATE NO.II SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE SRIVILLIPUTHUR TOWN POLICE STATION, VIRUTHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.B.SENTHILKUMAR, Advocate ( SR-12354[I] dated 17/08/2023 )
ORDER
IN CRL OP(MD) No.14996 of 2023 Date :17/08/2023 SS/VR/29/08/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023