Varnasri @ Varneshwari v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/10/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Varnasri @ Varneshwari

2. Amutha

3. Samuthiram

4. Gubendran

5. Madhan @ Madhankumar ... Petitioners/Accused Nos.1 to 5 Vs The State represented by The Sub Inspector of Police, Panavadalichatram Police Station, Tenkasi District.

(Crime No.94 of 2023).

... Respondent/Complainant For Petitioner : M/s.Jothi Basu, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C 1/5

PRAYER :- For Anticipatory Bail in Crime No. 94 of 2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 5, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 324 and 506(i) of IPC, in Crime No.94 of 2023, on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution is that the marriage took place between the defacto complainant's brother-in-law and the first petitioner in the year 2015. Due to difference of opinion, they were separated and divorce was also granted to them by the concerned Court. So, on 17.09.2023 at about 07.30 a.m the second marriage of the defacto complainant's brother-in-law took place with another girl. Due to that, the petitioners abused, attacked the defacto complainant and others using stones and sticks and also threatened them with dire consequences. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are 2/5

innocent and they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution. 4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that the injured person was discharged from the hospital. He further submitted that the fifth petitioner is having five previous cases. 5.Considering the previous antecedents of the fifth petitioner, this Criminal Original Petition is dismissed in respect of fifth petitioner. 6.On considering the nature of offence and that the petitioners 1 to 4 are not having any bad antecedents, this Court is inclined to grant anticipatory bail to the petitioners 1 to 4 alone.

7.Accordingly, this Criminal Original Petition is partly allowed and the petitioners 1 to 4 are ordered to be released on bail in the event of arrest or on their appearance, before the Judicial Magistrate Court, Sankarankovil, Tenkasi District, on condition that the petitioners 1 to 4 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 considering the physical condition of the 3/5

petitioners 1 to 4, the petitioners 1 to 4 shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioners 1 to 4 shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 8.The petitioners 1 to 4 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/- 18/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSG TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL, TENKASI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUB INSPECTOR OF POLICE PANAVADALICHATRAM POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-15391[I] dated 18/10/2023 )

ORDER

IN CRL OP(MD) No.18674 of 2023 Date :18/10/2023 SS/DD/SAR- /20/10/2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5