S. Vanitha Venkateshwari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10938 of 2015 1 S. VANITHA VENKATESHWARI 2 PRABHU @ PRABAKARAN PANDIYAN 3 KURUVALAKSHMI ... PETITIONERS/ACCUSED 1 TO 3 Vs STATE REP BY THE INSPECTOR OF POLICE ANDIPATTI POLICE STATION, THENI DISTRICT, CRIME NO.329/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.SENGUTTUARASAN Advocate For Respondent : MR.K.V.RAJARAJAN Govt. 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 A1 to A3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 147, 148, 452, 427, 355, 294(B), 342, 379, 324 and 506(ii) of IPC and section 4 of Women Harassment Act, in Crime No.329 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity with regard to civil dispute, on 11.06.2015 the accused trespassed into the house of the de-facto complainant, abused her with filthy language and attacked her with crowbar and also threatened the defacto complainant with dire consequences. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the de-facto complainant and others attacked the petitioners and in this regard, a case in Crime No.328 of 2015 stands registered against them and as a counter blast, this case has been foisted against the petitioners .

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that in the alleged occurrence, the injured has sustained only simply injury and after taking treatment, the injured has been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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, Andipatti and on each of them executing 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 on further condition that 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. 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/- 17/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE ANDIPATTI POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S.P.SENGUTTUARASAN Advocate SR.No.31591

ORDER

IN CRL OP(MD) No.10938 of 2015 Date :17/06/2015 NA/PPS/19/06/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/