Anu @ Anusiya v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon'ble Mrs.Justice S.ANANTHI CRL OP(MD). Nos.21125 & 21126 of 2021 Anu @ Anusiya ... Petitioner/Accused No.4 In Crl.O.P(MD)No.21125 of 2021
1. Murugesh
2. Ganesh Ramesh
3. Mariya Selvam ... Petitioners 1 to 3/Accused 1 to 3 In Crl.O.P(MD)No.21126 of 2021 Vs The State rep. by The Inspector of Police, All Women Police Station, Thoothukudi Crime No.50 of 2021 ... Respondent/Complainant In both petitions For Petitioner : M/S.V.M.JEGADEESHA PANDIAN, Advocate IN CRL OP(MD).21125/2021 For Petitioners: Mr.T.SAKTHIKUMARAN, Advocate IN CRL OP(MD).21126/2021 For Respondent : Mr.SS.MADHAVAN, Government Advocate (Crl.Side) IN BOTH PETITIONS PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- For Anticipatory Bail in Crime No.50 of 2021 on the file of the Respondent Police.
COMMON ORDER : The Court made the following order :- The petitioners/Accused No.1 to 4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A) and 506(1) IPC in Crime No.50 of 2021 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on suspicion, there is wordy quarrel between the husband and wife and the first petitioner scolded the defeacto complainant. Hence, this case. 1/3
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that already a complaint was registered on the basis of the complaint given by the defacto complainant and after recording the undertaking of A4 that complaint was closed and again on the same allegations the present complaint was filed.
5. Considering the nature of offence, there is matrimonial dispute between the parties and earlier complaint was closed, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, these Criminal Original Petitions are 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.IV, Thoothukudi, 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 concerned court and the petitioners shall appear before the respondent police as and when required. 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/- 29/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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.
TO 1 THE JUDICIAL MAGISTRATE NO.IV, THOOTHUKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
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3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THOOTHUKUDI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.T.SAKTHI KUMARAN, Advocate SR.No.9845(CRL OP(MD). 21126/2021 +1. CC to M/S.JEGADEESHA PANDIAN.V.M. Advocate SR.No.9846(CRL OP (MD).21125/2021 ORDER IN CRL OP(MD). Nos.21125 & 21126 of 2021 Date :29/12/2021 SA/JM/SAR.4/03.01.2022/3P/7C 3/3