Sreeja v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

¶1Sreeja

¶2Mohana Kumar ... Petitioners / Accused No.2 & 3 Vs State rep by The Inspector of Police, Karungal Police Station, Kanyakumari District (Crime No.167/2023). ... Respondent / Complainant For Petitioners : M/s.Kishore.C, Advocate

For Respondent : Mr.M.Vaikkam Karunanithi,

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime NO.167 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 324, 506(2) I.P.C, in Crime No.167 of 2023 on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that on account of family dispute, on

29.05.2023 at about 09.30PM, the accused persons assaulted the defacto complainant with deadly weapons Hence, the complaint.

¶3The learned counsel for the petitioners submitted that the petitioners are innocents and not committed any such offence. The injured has already been discharged from the hospital. Hence, prays to release them on anticipatory bail.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent would submit that there was family dispute between the parties. The injured has already been discharged from the hospital and there is no previous cases pending against the petitioners.

¶5Considering the family dispute between the parties and the facts that the injured has already been discharged from the hospital, that the petitioners are not having any previous case at their credit, this Court is inclined to grant anticipatory bail to the petitioners.

¶6Accordingly, this Criminal Original Petition is 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, Eraniel, 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 learned Magistrate concerned and the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

¶7The 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/-

12/07/2023

/ TRUE COPY /

/07/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. PNM To

1.The Judicial Magistrate, Eraniel.

2.Do through the Chief Judicial Magistrate, Kanyakumari District at Nagercoil.

3.The Inspector of Police, Karungal Police Station, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.C.KISHORE, Advocate ( SR-10611[I] dated 12/07/2023 ) ORDER IN CRL OP(MD) No.12650 of 2023 Date :12/07/2023 ED/BUC/SAR- (28/07/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023