Ayyammal v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/09/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN 1.Ayyammal 2.Periayyammal .
.. Petitioners/Accused Nos.2 & 3 Vs State Rep.by The Sub-Inspector of Police, M.Pudupatti Police Station, Virudhunagar District.
Crime No.129 of 2023.
... Respondent/Complainant For Petitioners :
Mr.S.Lingarasu, 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.129/2023 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/Accused Nos.2 and 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b), 323, 354, 506(ii) I.P.C., r/w.4 of TNPHW Act, in Crime No.129 of 2023 on the file of the 1/4
respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 07.08.2023 at about 5.00 p.m., when the defacto complainant went to shop at Nadaiyaneri Village, the accused persons intercepted the defacto complainant, abused using filthy language, attacked her using hand and also threatened her with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.
4. Even though the learned counsel for the petitioner would submit that the petitioner has given a complaint against the defacto complainant's party, the learned Government Advocate (Crl.Side) would submit that no such complaint has been received by the petitioner against the defacto complainant's party.
5. Considering the facts and circumstances of this case and also considering the nature of offence and there is no injured in this case, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.II, Sivakasi, on condition that the petitioners 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 2/4
and the petitioners shall appear before the respondent Police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 25/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Indu TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAKASI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.
3 THE SUB INSPECTOR OF POLICE, M.PUDUPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.LINGARASU, Advocate ( SR-14262[I] dated 27/09/2023 ) 3/4
ORDER
IN CRL OP(MD) No.16429 of 2023 Date :25/09/2023 RS/JGB/SAR-(12.10.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4