Hathija Ammal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.11.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.18889 of 2022 Hathija Ammal ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, Manamelkudi Police Station, Pudukottai District.
(Crime No.597 of 2021) ... Respondent/Complainant For Petitioner : Mr.B.Anandan, Advocate.
For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl. Side).
PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.597 of 2021 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/A.2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 323, 324, 506(2) and 302 IPC, in Crime No.597 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to previous enmity between the parties, on 13.12.2021 at about 07.30 p.m., the petitioner and her husband abused the defacto complainant in filthy language and threatened his son-in-law that he will come to seashore as dead body. At that time, there was a wordy quarrel between them, the petitioner's husband and her brother-in-law assaulted the defacto complainant's brother with crowbar and also caused grievous chest injury to the defacto complainant's brother. As a result, he succumbed to the injury. Hence, the complaint. https://www.mhc.tn.gov.in/judis
3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and she has not committed any offence as alleged by the prosecution.
4. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) would submit that the respondent police, after completing the investigation, has laid the charge sheet and the same was taken on file in P.R.C.No.26 of 2022 and that the jurisdictional Magistrate has issued summons for the appearance of the second accused/present petitioner herein.
5. Since the learned Magistrate has issued summons for the appearance of the petitioner, the question of granting anticipatory bail does not arise at all.
6. In the result, this Criminal Original Petition is dismissed. Sd/- 14/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.
CSM 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 INSPECTOR OF POLICE, MANAMELKUDI POLICE STATION, PUDUKOTTAI DISTRICT.
2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.18889 of 2022 Date :14/11/2022 SP/BUC/SAR I/18/11/2022/2P/3C https://www.mhc.tn.gov.in/judis