Nagalakshmi v. The Sub Inspector Of Oplice
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1802 of 2015 1 NAGALAKSHMI 2 RAJENDRAN @ CHINNAIAH 3 BALASUBRAMANI 4 PERUMAL 5 PONNUSAMY 6 AYYAVU 7 RAJESWARI 8 THAVAMANI @ NAVAMANY ... PETITIONERS/ACCUSED 1 TO 8 Vs STATE REP BY THE SUB INSPECTOR OF OPLICE VAIYAMPATTI POLICE STATION, TRICHY DISTRICT CRIME NO.70 OF 2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.UDHAYA LAW ASSOCIATES Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.70 of 2015, on the file of the respondent police for offences under Sections 147, 294(b), 323, 324, 355, 427 and 506(ii) of the Indian Penal Code, the petitioners are now before this Court seeking Anticipatory Bail.
2. It is the case of the prosecution that Nagalakshmi is the wife of Venkatesh and that she has given a complaint against Venkatesh, in which, a case under Section 498A has been registered against him by the respondent police. While so, it is alleged that Nagalakshmi, her brother Rajendran and others have trespassed into the house of the de-facto complainant, who is Nagalakshmi's fatherin-law and father of Venkatesh, on 28.01.2015 and they had indiscriminately attacked the inmates. Rajendran has used an aruval to attack three of the inmates and they were admitted in the hospital and Balasubramani used a stick and Ponnusamy has also used https://hcservices.ecourts.gov.in/hcservices/
a wooden log. Therefore, this Court is not inclined to grant anticipatory bail to Rajendran, Balasubramani, Ponnusamy. Accordingly, the petition against them are dismissed. 3.As regards the petitioners 1,4,6,7 and 8 are concerned, since the allegations are not very serious, I am inclined to grant anticipatory bail, but with conditions.
4. Accordingly, the petitioners 1,4,6,7 and 8 are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Manapparai, on executing a separate 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 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 1, 7 and 8 shall report before the respondent police as and when required for interrogation. The petitioners 4 and 6 shall appear before the respondent police every day at 10.30 a.m. for a period of two weeks and thereafter as and when required.
[b] the petitioners 1,4,6,7 and 8 shall not tamper with evidence or witness either during investigation or trial. [c] the petitioners 1,4,6,7 and 8 shall not abscond either during investigation or trial.
[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 1,4,6,7 and 8 in accordance with law as if the conditions have been imposed and the petitioners 1,4,6,7 and 8 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].
sd/- 03/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, MANAPPARAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE SUB INSPECTOR OF OPLICE VAIYAMPATTI POLICE STATION, TRICHY DISTRICT +1. CC to M/S.UDHAYA LAW ASSOCIATES Advocate SR.No.4848 RL/6 C- 6/2/2015
ORDER
IN CRL OP(MD) No.1802 of 2015 Date :03/02/2015 https://hcservices.ecourts.gov.in/hcservices/