Ponnammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10099 of 2015 1 PONNAMMAL 2 XAVIER ... PETITIONERS / ACCUSED NO.2 AND 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE KAYATHAR POLICE STATION, THOOTHUKUDI DT, CRIME NO.215/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.THALAIMUTHARASU Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A2 and A-3, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 342, 323 and 506(i) I.P.C in Crime No. 215 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that on 01.06.2015, while removing the thatched shed, there was a quarrel arose between the defacto complainant and the first accused. Consequent of that, the first accused along with these petitioners, who are daughter and son-in-law attacked the defacto complainant and caused simple injuries.

3.The learned counsel for the petitioners submitted that the petitioners and the defacto complainant are close relatives. The dispute is a property dispute and the petitioners have not committed any offence.

4.The learned Government Advocate (Crl.side) submitted that it is a case of case and counter and the injured has been discharged from the hospital.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

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6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, No.II, Kovilpatti, on each of them executing a separate 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 on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m for a period of one week and thereafter as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7. The 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/- 12/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II,KOVILPATATI.

2.THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI.

3.THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE KAYATHAR POLICE STATION, THOOTHUKUDI DISTRICT. +1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.30555

ORDER

IN CRL OP(MD) No.10099 of 2015 Date :12/06/2015 RG.16.06.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/