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Madras High CourtCRL OP(MD)/16364/2023granted

S.Sundariselvi v. The Inspector Of Police

2023-09-11Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN S.Sundariselvi ... Petitioner / Accused No.1 Vs The Inspector of Police, Mattuthavani Police Station, Madurai District.

(Crime No.452 of 2023.) ... Respondent / Complainant For Petitioner :

M/s.A.Vadivel, Advocate For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.452 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.1 herein, who was arrested on 28.08.2023 for the alleged offences under Sections 294(b), 506(ii) of IPC and Section 3(1) of TNPPDL Act, in Crime No.452 of 2023, on the file of the respondent police, seeks bail. 1/4

2. The case of the prosecution is that on 27.08.2023 at about 11.30 a.m., when the defacto complainant along with others, were cleaning the TASMAC Bar, the petitioner /A1 along with other accused persons, who stated to be selling eatable without proper permission in front of the Bar, joined together and assaulted the defacto complainant with stones and abused in filthy language and also criminally intimidated him. Hence the complaint.

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

4. The learned Additional Public Prosecutor would submit that the accused persons have caused damaged to the tune of Rs.1,500/- to the TASMAC Bar and the petitioner is having one previous case in similar nature.

5. Considering the facts and circumstances of this case and also considering the period of incarceration, this Court is inclined to grant relief to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is directed to deposit Rs.5,000/- (Rupees Five Thousand only) to the credit of the Crime No.452 of 2023, before the trial Court. On such deposit, the petitioner ordered to be released on bail, on 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 2/4

learned Judicial Magistrate No.VI, Madurai, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 11/09/2023 / TRUE COPY / 11/09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN To 1.The Judicial Magistrate No.VI, Madurai.

2.Do through the Chief Judicial Magistrate, Madurai District.

3.The Inspector of Police, Mattuthavani Police Station, Madurai District.

4.The Superintendent, Central Prison (Women), Madurai.

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

+1 CC to M/s.A.VADIVEL, Advocate ( SR-13456[I] dated 11/09/2023 ) 3/4

ORDER

IN CRL OP(MD) No.16364 of 2023 Date :11/09/2023 ED/ /SAR- (11/09/2023) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4