Veerammal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Veerammal ... Petitioner/Accused No.2 Vs The State represented by The Inspector of Police, Pulivalam Police Station, Trichy District, Crime No.106/2023.
... Respondent/Complainant For Petitioner : M/s.T.Leninkumar, 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.106/2023 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), 323, 506(ii) of IPC and Section 4 of TNPHW 1/4
Act, in Crime No.106 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 02.09.2023, the defacto complainant's husband who is a poojari of a temple went to the petitioner's house to receive tax for the temple festival. At that time the petitioner's husband refused to pay the tax. Later the petitioner and her husband went to the defacto complainant's house and picked up quarrel, abused in filthy language, attacked the defacto complainant and her husband and criminally threatened him with dire consequences. 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 trouble has arisen between the petitioner and the defacto complainant due to collection of tax for temple. The injured has been discharged from the hospital. No previous case is pending against the petitioner.
5. Considering the facts and circumstances of this case and also the fact that no previous case is pending against the petitioner, this Court is inclined to grant relief to the petitioner.
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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 learned Judicial Magistrate, Thuraiyur, 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/- 11/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN TO 1 THE JUDICIAL MAGISTRATE, THURAIYUR.
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2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TRICHY =DISTRICT. 3 THE INSPECTOR OF POLICE PULIVALAM POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-13531[I] dated 12/09/2023 )
ORDER
IN CRL OP(MD) No.16334 of 2023 Date :11/09/2023 SS/MGA/05/10/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4