Parvathy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Parvathy, ... Petitioner/Sole Accused Vs State Rep by, The Inspector of Police, Pandalkudi Police Station, Virudhunagar District.
Cr.No.97 of 2021.
... Respondent/Complainant For Petitioner : Mr.S.Poornachandran, 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.97 of 2021 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 323, 324, 506(ii) IPC, in Crime No.97 of 2021, seeks anticipatory bail.
2.The case of the prosecution is that due to land dispute, the accused abused and assaulted the defacto complainant and criminally intimidated her with dire consequence. Hence, the complaint. 3.The learned counsel for the petitioner would submit that it is a case in counter, based upon the complaint given by the petitioner, the counter case was registered in Crime No.96 of 2021 against the defacto complainant and that the injured was discharged from the hospital. Hence, prays to release him on anticipatory bail. 1/3
4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that based upon the complaint given by the petitioner, case in counter was registered in Cr.No.96 of 2021 for the offences under Sections 294(b), 323 and 506(ii) IPC against the defacto complainant and in both the cases parties sustained injuries and in this case injured was discharged from the hospital. 5.Reading of the FIR shows that both the defacto complainant and this petitioner are neighbours and regarding land dispute, trouble arose between them. It appears that in both the cases date of occurrence was mentioned as 12.12.2021. In the occurrence, both parties sustained injuries, admitted in hospital and later discharged from the hospital.
6.Considering the facts and circumstances of this case, that the dispute between neighbours, that the injured was discharged from the hospital, that it is a case in counter and that the petitioner is not having any previous case, this Court is inclined to grant anticipatory bail to the petitioner.
7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate, Aruppukottai and on his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) 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 am for a period of one month and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.
8.The petitioner 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/- 20/12/2021 / 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.
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TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI.
2 DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, PANDALKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.20282 of 2021 Date :20/12/2021 PKP/JC/SAR-1/22.12.2021/3P/5C 3/3