Nageswari v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13961 of 2023

1.Nageswari

2.Malaipandi ... Petitioners / Accused Nos.1 and 2 Vs The State represented by The Inspector of Police, Melavalavu Police Station, Madurai District. In Crime No. 139 of 2021.

... Respondent/Complainant For Petitioners : M/s.S.Ramasamy For Respondent : Mr.S.Manikandan

Government Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.139 of 2021 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused Nos.1 and 2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b), 323, 355, 109 and 506(i) of IPC, in Crime No. 139 of 2021, on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that due to previous dispute over a pathway, on 28.07.2021 at about 5.30 p.m., the petitioners assaulted the defacto complainant and her mother, abused with filthy words and criminally intimidated the defacto complainant and her mother. Hence the complaint.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution.

¶4The learned Government Advocate (Crl.side) would submit that injured person has been discharged from the hospital and no previous case has been registered against the petitioners herein.

¶5Considering the facts and circumstances of this case and also the fact that no previous case has been registered against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

¶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, Melur, on condition that 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 petitioners 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 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/-

31/07/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court, pnn

To

¶1The Judicial magistrate, Melur.

¶2Do through the Chief Judicial Magistrate, Madurai.

3.The Inspector of Police, Melavalavu Police Station, Madurai District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S.RAMASAMY, Advocate ( SR-11542[I] dated 31/07/2023 ) ORDER IN CRL OP(MD) No.13961 of 2023 Date : 31.07.2023 AMS/MMS/10.08.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 .