Arumughavalli v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17453 of 2015 ARUMUGHAVALLI ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE THATTAPARAI POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

(CRIME NO. 137 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S A.THIRUVADI KUMAR 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 petitioner, who is arrayed as A1 , apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(ii) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.137 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on 03.09.2015, the petitioner joining with the other accused have assaulted the defacto complainant demanding withdrawal of earlier complaint filed in Crime No.123 of 2015.

3.The learned counsel for the petitioner submitted that the petitioner is working as a headmistress in Hindu Primary School, Keelachekarakudi, Thoothukudi District and the de-facto complainant is working as a teacher in the same school. He further submitted that due to some misunderstanding, a false complaint was given against the petitioner and she was granted anticipatory bail in that case in Crl.O.P.No.16487 of 2015. He further submitted that the cousin of the de-facto complainant is working as a Sub-Inspector of Police in the same District and at her influence, the present complaint has been registered.

https://hcservices.ecourts.gov.in/hcservices/ 4.Heard the learned Government Advocate (Crl.side) appearing for the State.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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, Thoothukudi 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 the petitioner shall appear before the respondent police as and when required for interrogation. 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 made ready, failing which, the petition for anticipatory bail stands dismissed.

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

TO 1 THE JUDICIAL MAGISTRATE NO.I THOOTHUKUDI.

2 THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI.

3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE THATTAPARAI POLICE STATION, THOOTHUKUDI,THOOTHUKUDI DISTRICT.

+1. CC to M/S A.THIRUVADI KUMAR Advocate SR.No.53027

ORDER

IN CRL OP(MD) No.17453 of 2015 Date :09/09/2015 RG.11.09.2015/GSV/PM/SAR-II 2P/6C.

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