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Madras High CourtCRL OP(MD)/11457/2015ordered

Mary Antony v. The Special Sub-Inspector Of

2015-06-24Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11457 of 2015 1 MARY ANTONY 2 ANTONY MICHAEL 3 JEYAMARY ... PETITIONER(S) / ACCUSED 1 TO 3 Vs THE STATE REP.BY THE SPECIAL SUB-INSPECTOR OF POLICE, THISAYANVILAI POLICE STATION, TIRUNELVELI DT, CRIME NO.176/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.J.C.RATHNAVEL PANDIAN Advocate For Respondent : M/S.P.KANNAI THEVAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b) and 506 (ii) I.P.C and Section 3 of TNPPDL Act and Section 4 of Tamilnadu Prohibition of Harassment of Women Act in Crime No.176 of 2015 and hence, seek anticipatory bail.

2. The case of the prosecution that the petitioners threatened the defacto complainant and damaged her house property worth about Rs.3000/- and tried to attack the defacto complainant with weapons. 3.The learned counsel for the petitioners submitted that there is civil dispute between the petitioners and the defacto complainant and the civil suit filed by the defacto complainant is dismissed and hence, a false complaint has been lodged against the petitioners.

4. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the State and also perused the entire materials available on record.

5. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Nanguneri, Tirunelveli District, and on each of them executing a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for https://hcservices.ecourts.gov.in/hcservices/

a like sum to the satisfaction to the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. 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/- 24/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE SPECIAL SUB-INSPECTOR OF POLICE, THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT. +1. CC to M/S.J.C.RATHNAVEL PANDIAN Advocate SR.No. 32224. TS/25.06.2015/2P -6C

ORDER

IN CRL OP(MD) No.11457 of 2015 Date :24/06/2015 https://hcservices.ecourts.gov.in/hcservices/