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Madras High CourtCRL OP(MD)/16250/2023granted

Vellaiammal v. The Inspector Of Police

2023-09-12Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16250 of 2023 Vellaiammal ... Petitioner/Sole Accused Vs State represented by The Inspector of Police, Sakkottai Police Station, Sivagangai District, Crime No.228/2023.

... Respondent/Complainant For Petitioner :

M/s.A.Arun Prasad 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.228/2023 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 police for the offences under Sections 294(b), 324, 506(ii) of IPC, in Crime No.228 of 2023, on the file of the respondent police, seeks anticipatory bail. 1/4

2. The case of the prosecution is that the defacto complainant and the petitioner are brothers and living in adjacent houses. The defacto complainant's goat went to the petitioner's house. Due to which on 30.08.2023, quarrel arose between them. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent, she has been falsely implicated in this case and she has not committed any offence as alleged by the prosecution.

4. Learned Additional Public Prosecutor would submit that over a petty issue between the brothers, the present case and a counter case were also came to be registered.

5. Considering the facts and circumstances of this case and also the fact that a counter case was also registered, this Court is inclined to grant relief to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on her appearance, before the 2/4

learned Judicial Magistrate, Karaikudi, Sivagangai 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 petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 of Cr.P.C., scrupulously.

7. The petitioner 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/- 12/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI, SIVAGANGAI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT.

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3 THE INSPECTOR OF POLICE SAKKOTTAI POLICE STATION SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.A.ARUN PRASAD, Advocate ( SR-13524[I] dated 12/09/2023 )

ORDER

IN CRL OP(MD) No.16250 of 2023 Date :12/09/2023 pnn MK/06.10.2023 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4