Selvi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16679 of 2023 Selvi ... Petitioner/Accused No.3 Vs The State, represented by The Inspector of Police, Valanadu Police Station, Trichy District.

(Crime No.148 of 2023).

... Respondent/Complainant For Petitioner : Mr.M.Pitchai Muthu, 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.148 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.3, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324,

506(ii) of I.P.C, in Crime No.148 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the accused's party and the defacto complainant's party are neighbors. The accused persons had cut the coconut tree, which belongs to the defacto complainant, due to which, on 31.08.2023, wordy quarrel arose between them and the accused assaulted the defacto complainant's party and threatened them with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and she is not at all present in the scene of occurrence. There is no specific overt act attributed against the petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that the injured has been discharged from the hospital and both the parties are neighbours.

5. Considering the facts and circumstances of this case and also considering that the the injured has been discharged from the hospital and both are neighbours, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Manapparai, Trichy, on condition that the petitioner shall

execute 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 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 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 made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 14/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

ÌNDU TO 1 THE JUDICIAL MAGISTRATE MANAPPARAI, TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3 THE INSPECTOR OF POLICE VALANADU POLICE STATION, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.16679 of 2023 Date :14/09/2023 SS/JGB/22/09/2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023