Arulmary, W/O.Sebestian v. The State Represented By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4213 of 2019 1.ARULMARY, 2 FRANCIS, 3 MARY STELLA ... PETITIONERS / ACCUSED Nos.2,3 & 4 Vs THE STATE REPRESENTED BY THE SUB-INSPECTOR OF POLICE, PUTHANATHAM POLICE STATION, TIRUCHIRAPPALLI DISTRICT.

(IN CRIME NO.37 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioners : MR.T.MADASAMY for MR. A. LOURDURAJ Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, 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 apprehending arrest at the hands of the respondent police for the alleged offence under Sections 294 (b), 324 and 506(ii) IPC, in Cr.No.37 of 2019, on the file of the respondent police, seek anticipatory bail.

2. It is the case of the prosecution that the petitioners and the defacto complainant assaulted each other, for which case and counter case were registered as against the petitioners as well as the defacto complainant 3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they are innocent persons. 4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that the injured has been discharged from the hospital 5.Considering the facts and circumstances and considering the

fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Manapparai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the second petitioner shall report before the respondent police daily at 10.30a.m until further orders and the first and third petitioner shall report before the respondent police as and when required for interrogation;

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 21/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, MANAPPARAI.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI DISTRICT.

3.THE SUB-INSPECTOR OF POLICE, PUTHANATHAM POLICE STATION, TIRUCHIRAPPALLI DISTRICT.

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

+1. CC to MR. A. LOURDURAJ Advocate SR.No.5247

ORDER

IN CRL OP(MD) No.4213 of 2019 Date :21/03/2019 AE/PN/SAR-III/25.03.2019/3P/6C