S.Asaithambi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. S.Asaithambi,

2. A. Kiruthika,

3. A.Kowsikan,

4. A.Thamilarasan, ... Petitioners/Accused No.1 to 4 Vs State Rep by The Inspector of Police, Kattuputhur Police Station, Trichy District.

(Crime No.370/2021).

... Respondent/Complainant For Petitioners: M/s. Selvanayagam.D, Advocate.

For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 370 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 to 4, who apprehend arrest at the hands of the respondent police for the offence punishable under sections 294(b), 506(ii), 323 of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002, in Crime No.370 of 2021 on the file of the respondent police, seeks anticipatory bail. 1/3

2. The case of the prosecution is that because of the illegal conduct between the second petitioner and the husband of the defacto complainant, trouble arose between the parties. Due to that, the petitioner said to have picked up quarrel with the defacto complainant and abused her in filthy language and also assaulted her. Hence, this complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that it is a case and case in counter and there is no injury to anyone. Hence, he seeks anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) would submit that it is a case and case in counter and in both the cases, no one sustained injury and no previous case is pending against the petitioners.

5.Considering the facts and circumstances of the case and also considering the fact that it is a case and case in counter, that there is no injury to anyone and that no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail, on executing a personal 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 Judicial Magistrate, Musiri, Trichy District, and on further condition that the petitioners shall report 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.

sd/- 10/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 2/3

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, Musiri, Trichy District..

2. Do-Through The Chief Judicial Magistrate, Trichy District.

3. The Inspector of Police, Kattuputhur Police Station, Trichy District.

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

+1 CC to M/s.D.SELVANAYAGAM, Advocate ( SR-9127[I] dated 10/12/2021 ) ORDER IN CRL OP(MD) No.19588 of 2021 Date : 10/12/2021 TR/JM/SAR-II(16.12.2021) 3P 6C 3/3