A. Krishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13430 of 2015 1 A. KRISHNAN 2 MALLIKA ... PETITIONERS/ACCUSED 1 & 2 Vs STATE REP.BY THE INSPECTOR OF POLICE PUDUR POLICE STATION, THOOTHUKUDI DT, CRIME NO.89/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.VINAYAGAN 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 accused Nos.1 and 2 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b) and 355 of I.P.C., altered into 306 of I.P.C., in Crime No.89 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the prosecution, on 26.06.2015 at 5.30 a.m., when the deceased was fetching water from public tap, the accused developed quarrel with her and also beat with a broom stick and after 6.00 p.m., on the same day, she committed suicide by consuming poison.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case and it is further submitted that even as per the allegations in the complaint, the offence under Section 306 has not been made out and the petitioners did not have any intention to commit the offence.

4. The learned Government Advocate (Crl.side) submitted that when the accused and the deceased were taking water from the municipal water tap, quarrel arose between them and the accused attacked the deceased https://hcservices.ecourts.gov.in/hcservices/ with broom stick.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Vilathikulam and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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. until further orders. 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/- 16/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VILATHIKULAM.

2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,TUTICORIN DISTRICT. 3 THE INSPECTOR OF POLICE PUDUR POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.K.VINAYAGAN Advocate SR.No.39571

ORDER

IN CRL OP(MD) No.13430 of 2015 Date :16/07/2015 PA/SJW/22.07.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/