Palraj v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.07.2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12423 of 2023 Palraj

... Petitioner/1st Accused

Vs The State, represented by The Inspector of Police, Navalpattu Police Station, Trichy District. (Crime No.153 of 2023).

... Respondent/Complainant For Petitioner : Mr.Deepak.B, Advocate. For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.153 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/1st Accused, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 147, 148, 294(b), 324 and 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.153 of 2023 on the file of the respondent Police, seeks anticipatory bail.

¶2The case of the prosecution is that the daughter of the defacto complainant was married to the petitioner. Due to some mis-understanding, now they are living seperately. On 02.07.2023 at about 11.00 p.m., the petitioner and other accused persons came to the house of the defacto complainant, attacked the defacto complainant and his daughter with wooden log, abused in filthy language and also threatened them with dire consequences. Hence, the present complaint has been registered.

¶3The learned counsel for the petitioner submitted that there is family dispute pending between the petitioner and the daughter of defacto complainant. The petitioner is innocent and he is no way connected in this case.

¶4The learned Additional Public Prosecutor would submit that apart from causing assault to the defacto complainant and his daughter, the petitioner and other accused caused damage to the shop's articles, but the worth of articles, which was damaged by the petitioner is not available.

¶5Considering the facts and circumstance of this case and considering that no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, 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 Additional Mahila Court, Trichy, on condition that the petitioner shall deposit a sum of Rs.20,000/- to the credit of this Crime No.153 of 2023 before the trial Court for the damage caused by the petitioner. Further, 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.

¶7The 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/- 07/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. INDU TO 1 THE ADDITIONAL MAHILA JUDGE, TRICHY. 2 THE INSPECTOR OF POLICE NAVALPATTU POLICE STATION, TRICHY DISTRICT 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.B.DEEPAK, Advocate ( SR-10375[I] dated 07/07/2023 ) ORDER IN CRL OP(MD) No.12423 of 2023 Date :07/07/2023 SS/MMS/17/07/2023/2P/5C