N.Thiyagarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.N.Thiyagarajan

2. T.Sindhuja ... Petitioners/Accused Rank Nos.A1 to A2 Vs The State rep.by, The Inspector of Police, Kabisthalam Police Station, Thanjavur District, Crime No.476/2023.

... Respondent/Complainant For Petitioner : M/s.Dhilipan Pandian R L, 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.476/2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/ Accused apprehends arrest at the hands of the respondent 1/4

police for the offences under Sections 294(b), 323, 506(i) of IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 1998, in Crime No.476 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 18.08.2023, due to previous motive, a wordy quarrel arose between the petitioner and defacto complainant, the petitioners alleged to have assaulted the defacto complainant, abused him in filthy language and criminally threatened him. Hence the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocents, they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution. A counter case has also been registered against the defacto complainant.

4. Learned Additional Public Prosecutor would submit that it is a case, case in counter. A trouble has arisen between the parties over family dispute.

5. Considering the facts and circumstances of this case and also the fact that over a family dispute, the trouble has arisen and a case and a counter case has also 2/4

registered, this Court is inclined to grant relief 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 District Munsif cum Judicial Magistrate, Papanasam, Thanjavur District, on condition that the petitioner 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 of 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 is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 07/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. The District Munsif cum Judicial Magistrate, Papanasam, Thanjavur District.

2. Do-Through The Chief Judicial Magistrate, Thanjore@ Kumbakonam.

3. The Inspector of Police, Kabisthalam Police Station, Thanjavur District,

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

+1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-13477[I] dated 11/09/2023 ) ORDER IN CRL OP(MD) No.16204 of 2023 Date :07/09/2023 RK /VRS(21/09/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4