Maharajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Third day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.1045 of 2018 1 MAHARAJAN 2 SELVI 3 RANI 4 PANDISELVI ... PETITIONERS/ACCUSED No.1 to 4 Vs THE STATE REP THROUGH THE INSPECTOR OF POLICE SMAYANALLUR POLICE STATION, MADURAI DISTRICT, IN CRIME NO. 16/2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.T.PALANISAMY Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused No.1 to 4, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 324, 323 and section 4 of Tamilnadu Prohibition of Women Harassment Act, in Crime No.16 of 2018, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the first petitioner's son, who is the husband of the defacto complainant, demanded a sum of Rs.2,00,000/- from the defacto complainant for his family members, due to that, the wordy quarrel arose between the petitioners and the defacto complainant, thereby, the petitioners assaulted the defacto complainant and caused injuries. 3.The learned counsel appearing for the petitioners submitted that the first petitioner's son and the defacto complainant are the husband and wife. It is the second marriage for both of them. He further submitted that the petitioners are innocent persons, they have not committed any offence as alleged by the prosecution. Hence, he prays for anticipatory bail.

4.The learned Government Advocate (Crl.side) appearing for the respondent police submitted that the injured discharged from the hospital. According to him, investigation is not completed. 5.The submissions made by the learned counsel on either side are considered, it disclose that the offences under Sections 294 (b), 324, 323 and section 4 of Tamilnadu prohibition of Women Harassment Act, has been registered against the petitioners. It is alleged that due to the family dispute, the petitioners /Accused No.1 to 4 herein assaulted the defacto complainant. It is a case of case in counter. According to prosecution, injured has been discharged from the hospital after completing the investigation. Hence, custodial interrogation of the petitioners is not necessary for completing the investigation.

Therefore, for the reasons stated above, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, they are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Vadipatti, on condition that the petitioners shall execute a bond for a sum of Rs.

(i) the petitioners shall report before the respondent Police daily at 10.00 a.m. for a period of three weeks, thereafter, as and when required for interrogation.

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial.

(iii) the petitioners shall not abscond either during investigation or trial.

(iv) On breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioners shall stand automatically cancelled and the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/- 23/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI, MADURAI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE SMAYANALLUR POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.T.PALANISAMY Advocate SR.No.1139

ORDER

IN CRL OP(MD) No.1045 of 2018 Date :23/01/2018 SMA/RR-CSL/SAR-1/30.01.2018:3P/6c