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Madras High CourtCRL OP(MD)/14437/2015allowed

Mebal Rani v. The Sub - Inspector Of Police

2015-08-04Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.14437 of 2015 1 MEBAL RANI 2 USHA ... PETITIONERS/ACCUSED NOS.1& 2 Vs THE STATE OF TAMILNADU REP.BY THE SUB - INSPECTOR OF POLICE KARUNGAL POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

CRIME NO.380 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.M.VISHNUVARTHANAN Advocate For Respondent :M/S S.PRABHA 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 and A2, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 289, 294(b), 323 and 506(i) IPC, in Crime No.380 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that the de-facto complainant namely Bai, came to the petitioners house and demanded to repay the borrowed amount. Due to that, there was a wordy quarrel between the accused and the de-facto complainant and the petitioners were assaulted the de-facto complainant and abused with filthy language and hence the case has been registered against the petitioners.

3. The learned Counsel appearing for the petitioners submitted that the first petitioner is working as a Teacher and due to previous enmity between the petitioner and the de-facto complainant, the complaint has been lodged against the petitioners. He further submits that the second petitioner is the daughter of the first petitioner.

4. It is submitted by the learned Government Advocate (Crl.side) that the injured person has treated as out-patient.

4. Considering the submissions made by the learned Government Advocate (Crl.side), this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

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5. 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, Eraniel, Kanyakumari, and 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. 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/- 04/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, ERANIEL, KANYAKUMARI. 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGARCOIL 3.THE SUB - INSPECTOR OF POLICE, KARUNGAL POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.P.M.VISHNUVARTHANAN Advocate SR.No.43894

ORDER

IN CRL OP(MD) No.14437 of 2015 Date :04/08/2015 GJM/KBM/SAR-I 06.08.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/