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Madras High CourtCRL OP(MD)/16487/2015allowed

Arumugavalli v. The State Rep The Ins Of Polic

2015-08-26Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of August Two Thousand Fifteen PRESENT The Hon`ble Mrs.Justice S.VIMALA CRL OP(MD) No.16487 of 2015 ARUMUGAVALLI ... PETITIONER/ACCUSED NO.1 Vs THE STATE REP THE INSPECTOR OF POLICE THATTAPARAI POLICE STATION THOOTHUKUDI THOOTHUKUDI DISTRICT (CRILME NO 123 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S A.THIRUVADI KUMAR Advocate For Respondent : MRS.S.PRABHA, Govt. 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 first accused in Crime No.123 of 2015, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 354(c) and 506 (ii) of I.P.C.

and hence, seeks anticipatory bail. 2.This application is filed by the Headmistress of Hindu Primary School, Keelachekarakudi, Thoothukudi District, and against her, a complaint is said to have been lodged by the defacto complainant, who is also a teacher in the same school.

3.According to the complainant, on 24.07.2015, at about 11.00 a.m., when the defacto complainant was in the rest room, the petitioner herein had taken photographs with the help of an unidentified person through the gap of the door and has made the said person to flee away, when the defacto complainant came out. The further allegation is that on 13.08.2015, when the defacto complainant was taking classes, the petitioner is stated to have shown some photographs to the students and had been making fun of her.

4.It is brought to the notice of this Court that there had been differences of opinion and clash of interest between these two teachers, and the accused herein has already preferred a complaint against the defacto complainant on 09.06.2015.

https://hcservices.ecourts.gov.in/hcservices/ 5.It is represented that the defacto complainant has already sent several representations to the educational authorities which had not been

favourable to her and that the defacto complainant is under the impression that the petitioner herein is responsible for the same. 6.Considering the stated circumstances, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate No.I, Thoothukudi, 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 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. 7.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the order stands suspended.

sd/- 26/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.1,THOOTHUKUDI. 2 THE CHIEF JUDICIAL MAGISTRATE,THOOTHUKUDI DISTRICT. 3 THE STATE REP THE INS OF POLIC THATTAPARAI POLICE STATION THOOTHUKUDI THOOTHUKUDI DIST 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S A.THIRUVADI KUMAR Advocate SR.No.49313

ORDER

IN CRL OP(MD) No.16487 of 2015 Date :26/08/2015 CSL/KBM/SAR-I/28.08.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/