Rishikesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Rishikesh,
2. Krishnamurthy, ... Petitioners/Accused No.1 and 3 Vs State through The Inspector of Police, All Women Police Station, Trichy District (Crime No. 15 of 2021).
... Respondent/De jure Complainant For Petitioner : Mr.R.Alagumani, 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. 15 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 342, 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.15 of 2021, seek anticipatory bail.
2.The case of the prosecution is that there was civil dispute between the parties, on 09.11.2021, at about 6.30PM, the petitioners had attempted to outrage the modesty of the defacto complainant and criminally intimidated her with dire consequences. Hence, the complaint.
3.The learned counsel for the petitioners would submit that it is a case in counter, based upon the complaint given by the second petitioner, the counter case was registered in Crime No.1302 of 2021 against the defacto complainant party and that no one was injured in
the incident. 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 second petitioner, case in counter was registered in Cr.No.1302 of 2021 for the offences under Sections 294(b), 324, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, against the defacto complainant party and in this case no one was injured in the incident.
5.Reading of the FIR shows that there was civil dispute between the parties and the second petitioner had put up iron gate in the access point of the defacto complainant. In the incident, the second petitioner's party sustained injury and in this case no one was injured.
6.Considering the facts and circumstances of this case, nature of dispute between the parties, that no one was injured in the incident 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 Additional Mahila Court, Tiruchirappalli 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/- 13/12/2021 / 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, ADDITIONAL MAHILA COURT, TIRUCHIRAPPALLI.
2.DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI.
3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TRICHY DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.19784 of 2021 Date :13/12/2021 SB/VR/SAR-II/16.12.2021/3P/5C