← Library
Madras High CourtCRL OP(MD)/1538/2020partly allowed

Mahaan v. The Inspector Of Police

2020-01-30Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.1538 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1538 of 2020

1. Mahaan,

2. Muthulakshmi, ... Petitioners/Accused Nos.1 & 2 Vs State rep.by The Inspector of Police, Thallakulam Police Station, Madurai.

(Crime No.167 of 2020).

... Respondent/Complainant For Petitioners : Mr.M.Sankar, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.167 of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences under sections 147, 148, 294(b), 323, 326 and 506(ii) of I.P.C., in Crime No.167 of 2020 on the file of the respondent police, seek anticipatory bail.

3. There was petty quarrel between the defacto complainant's family and the petitioners herein regarding drying of the clothes. The defacto complainant appears to have lodged the complaint before Thallakulam Police Station who had asked the petitioners to appear. Angered by the same, the petitioners along with others had attacked the defacto complainant causing him severe injuries on his mouth. The defacto complainant also lost a teeth. Though allegations have been made in common against all the accused, I am of the view that the second petitioner being a lady deserves to be shown some https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1538 of 2020 indulgence. The second petitioner gives an undertaking that she will totally keep off from the defacto complainant's family and will not pick up quarrel with them. If this undertaking is breached, this Court will not hesitate to cancel the relief now granted. This criminal original petition is dismissed as regards the first petitioner is concerned.

4. Recording the said undertaking, I am inclined to grant anticipatory bail to the second petitioner with certain conditions. Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate No.II, Madurai, and on her 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 second petitioner shall appear before the respondent police as and when required for interrogation. The second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The second 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 shall stand dismissed.

sd/- 30/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2. DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, THALLAKULAM POLICE STATION, MADURAI.

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

+1 CC to M/s.M.SANKAR, Advocate ( SR-1987[I] dated 31/01/2020 )

ORDER

IN CRL OP(MD) No.1538 of 2020 Date :30/01/2020 IAS AE/VR/SAR-I (06.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2