Ammachi Alais Karuppasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.10.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM 1.Ammachi @ Karuppasamy 2.Balamurugan ... Petitioners/Accused No.1 & 2 Vs The State represented by The Inspector of Police, Thiruchuzhi Police Station, Virudhunagar District.

(Crime No.232 of 2023) ... Respondent/Complainant For Petitioners : Mr.V.Vijayendiran, Advocate For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.232 of 2023 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 448, 294(b), 307 & 506(ii) IPC r/w Section 4 of the Tamil Nadu Prohibition of Women Harassment Act in Crime No.232 of 2023, seek anticipatory bail.

2.The case of the prosecution is that on 07.10.2023, the petitioners waylaid the defacto complainant and quarrelled with filthy language and threatened her with dire consequences. Hence the case.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the injured person has been discharged from the hospital on 12.10.2023.

2/5

5.Considering the facts and circumstances and also taking into consideration the period of incarceration and taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thiruchuzhi, Viruthunagar District, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioners shall report before the trial Court on summons.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 18/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS 4/5

TO 1 THE JUDICIAL MAGISTRATE THIRUCHUZHI, VIRUTHUNAGAR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE THIRUCHUZHI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.18716 of 2023 Date :18/10/2023 SS/JGB/SAR- /01/11/2023/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5