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Madras High CourtCRL OP(MD)/15312/2015ordered

Chitra v. State Rep.By Its

2015-08-07Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventh day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15312 of 2015 CHITRA ... PETITIONER/ACCUSED NO.3 VS STATE REP.BY ITS THE SUB INSPECTOR OF POLICE, KOOMBUR POLICE STATION, DINDIGUL DISTRICT.

(CR. NO. 129 OF 2015) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.EDDY EMBOOS LAW FIRM ADVOCATE FOR RESPONDENT : MRS.S.PRABHA GOVERENMENT ADVOCATE (CRL.SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who is arrayed as A3, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 452, 294(b), 323 and 506(i) IPC, in Crime No.129 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 01.08.2015, all the accused have trespassed into the house of the de-facto complainant, threatened her and abused her with filthy language while so, A1 attacked the de-facto complainant with stick on the head. Hence, a case was registered against the petitioner.

3. Learned Counsel appearing for the petitioner submits that the petitioner is a lady and she is also sustained injury and she is taking treatment. He further submits that the A1 was arrested and remanded to the judicial custody.

4. The learned Government Advocate (Criminal side) appearing for the respondent submits that the occurrence took place on 31.07.2015 and the FIR has been registered on 01.08.2015. She further submits that A1 was arrested and remanded into judicial custody and it is a case of case and counter and the injured is still in hospital.

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5. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondent.

6. Considering the submissions made by the learned Counsel and considering the overt act attributed by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of her arrest or on her appearance before the learned Judicial Magistrate, Vedasandur, Dindigul District, and on 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 petitioner shall appear before the respondent police as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

8. The petitioner 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/- 07/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, VEDASANDUR, DINDIGUL DISTRICT.

2. THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3. STATE REP.BY ITS THE SUB INSPECTOR OF POLICE, KOOMBUR POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to M/S.EDDY EMBOOS LAW FIRM Advocate SR.No.44901 ORDER IN 2p/6c CRL OP(MD) No.15312 of 2015 TE/KBM/SAR-I 11/08/2015 Date :07/08/2015 https://hcservices.ecourts.gov.in/hcservices/