Kalyani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Kalyani

2. Balasubramanian ... Petitioners / Accused No.1 & 2 Vs State rep by The Inspector of Police, Narikudi Police Station, Thiruchulli Taluk, Virudhunagar District.

(Crime No.90/2023.) ... Respondent / Complainant For Petitioners :

M/s.Asaithambi.A.C., 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. 90/2023 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for 1/4

the offences punishable under Sections 294(b), 323 and 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.90 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to property dispute, the petitioners along with the other accused persons, abused the defacto complainant in filthy language and also attacked her with hands and caused injuries to him. Hence, the complaint.

3. The learned counsel for the petitioners submits that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He further submitted that for the very same occurrence, FIR in Crime No.89 of 2023 was registered against the defacto complainant and others.

4. The learned Government Advocate(Crl.Side) appearing for the respondent submits that no previous case is pending against the petitioners and also submitted that the injured has been discharged from the hospital. He further submitted that it is a case in counter case.

5. Considering the facts and the circumstances of this case and also of the fact that it is a case in counter and the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, however, with stringent conditions.

2/4

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Thiruchuli, 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.

7. The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 23/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA To 1.The Judicial Magistrate, Thiruchuli.

2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3/4

3.The Inspector of Police, Narikudi Police Station, Thiruchuli Taluk, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.C.ASAITHAMBI, Advocate (SR-12651[I] dated 23/08/2023)

ORDER

IN CRL OP(MD) No.15308 of 2023 Date :23/08/2023 ED/VRS/SAR- (07/09/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4