Madras High CourtCRL OP(MD)/16964/2015ordered

Shalima v. The Inspector Of Police

2015-09-02Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16964 of 2015 1 SHALIMA 2 AISHA SITHIKA ... PETITIONER/ ACCUSED NO.2 & 3 Vs STATE REP. BY THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DISTRICT.

(CRIME NO. 420 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S P.SENGUTTUARASAN Advocate For Respondent : MS.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 accused Nos.2 & 3, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 355, 506(i) IPC and Section 4 of Tamil Nadu Women Harassment Act, in Crime No.420 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence and they have been falsely implicated in this case and pray for anticipatory bail in favour of the petitioners. It is further submitted that the accused No.1 was arrested and released on bail. 3.The learned Government Advocate (Crl.side) submitted that injured is still in hospital.

4.Considering the facts accused No.1 was arrested and released on bail, 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 arrest or on their appearance before the learned Judicial Magistrate, Uthamapalayam and on 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.

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5. 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/- 02/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.16964 of 2015 Date :02/09/2015 NS/SKS-RR/SAR I/07.09.2015 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/