Madras High CourtCRL OP(MD)/18213/2015allowed

B. Jeyalakshimi v. The Insepector Of Police

2015-09-29Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18213 of 2015 1 B. JEYALAKSHIMI 2 B.RAGURAMAN 3 B. PRIYA DHARSINI ... PETITIONERS/ACCUSED No.1,2,4 Vs THE STATE REP.BY THE INSEPECTOR OF POLICE `(LAW AND ORDER) THALLAKULAM POLICE STATION, MADURAI IN CR NO.1021/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.GUNASEKARAN 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 petitioners, who are arrayed as A1, A2 and A4, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 324, 294(b) and 506(ii) of I.P.C., in Crime No.1021 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2The case of the prosecution is that on 12.09.2015 when the de-facto complainant visited the property of the petitioners, he was assaulted and caused injuries.

3.The learned counsel for the petitioners submitted that the first petitioner's husband viz., Balakrishnan purchased two properties in door No.7 in B.B.Kulam, Madurai and in door No.65A in Narimedu Main Road, Madurai. The learned counsel further submitted that after the demise of the first petitioner's husband, his own brother had claimed right over the property in door No.7 and due to the dispute, the petitioners were attacked for which, a criminal case has been registered against the defacto complainant. The learned counsel further submitted that with regard to the property in Door NO.65A, one Muthmari claiming to be the second wife of the first petitioner's husband, trespassed into the property and also assaulted the petitioners, for which, a criminal case has been registered against her.

4.Heard the learned Government Advocate (Crl.side)appearing for the State.

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

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.II, Madurai 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 for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 29/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.11 MADURAI 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSEPECTOR OF POLICE `(LAW AND ORDER) THALLAKULAM POLICE STATION, MADURAI 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S.P.GUNASEKARAN Advocate SR.No.57193

ORDER

IN CRL OP(MD) No.18213 of 2015 Date :29/09/2015 AM/01.10.2015/NGM.SS/SAR-I/2P/6C https://hcservices.ecourts.gov.in/hcservices/