N.Andi 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 CRL OP(MD). No.19659 of 2021
1. N.Andi
2. Devika
3. Surya ... Petitioners/Accused No.1 to 3 Vs The State of Tamilnadu represented by The Inspector of Police, Manachanallur Police Station, Trichy District.
(Crime No. 545 of 2021). ... Respondent/Complainant For Petitioners: Mr.R.Narayanan, 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. 545 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 506(i) IPC, in Crime No.545 of 2021, seek anticipatory bail.
2.The case of the prosecution is that there was family dispute between the parties, the petitioners had abused and assaulted the defacto complainant with stick. Hence, the complaint. 3.The learned counsel for the petitioners would submit that there was family dispute between the husband and wife and it is a case in counter, based upon the complaint given by the first
petitioner, the counter case was registered in Crime No.544 of 2021 against the defacto complainant party and that the injured was discharged from the hospital. Hence, prays to release them on anticipatory bail.
4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that based upon the complaint given by the first petitioner, case in counter was registered in Cr.No.544 of 2021 for the offences under Sections 294(b), 323 and 506(i) IPC and it appears that in both the cases parties sustained injuries and in this case injured was discharged from the hospital. 5.Reading of the FIR shows that there was matrimonial dispute between the husband and wife. In both the cases, it is stated that the occurrence took place on 16.11.2021.
6.Considering the facts and circumstances of this case, that the injured was discharged from the hospital and it is a case in counter, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate No.III, Trichy 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 daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
8.The petitioners 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 stands dismissed.
Sd/- 10/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM 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 NO.III, TRICHY.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3.THE INSPECTOR OF POLICE, MANACHANALLUR POLICE STATION, TRICHY DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.T.BANUMATHY, Advocate ( SR-9093[I] dated 10/12/2021 )
ORDER
IN CRL OP(MD) No.19659 of 2021 Date : 10/12/2021 VB/JC/SAR-III/15.12.2021/3P/6C