Madras High CourtCRL OP(MD)/18572/2015allowed

S. Bharathi v. The Insepector Of Police

2015-09-28Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Eighth day of September Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.18572 of 2015 1 S. BHARATHI 2 B.MANIKANDAN ... PETITIONERS / ACCUSED NO.1 & 2 Vs THE STATE REP.BY THE INSEPECTOR OF POLICE PERAVURANI POLIE STATION, THANJAVUR CR. NO.221/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S JURY BRAIN LAW OFFICES 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/Accused Nos. 1 and 2 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 324 and 294(b) I.P.C.

and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act (TNPHWA)in Crime No.221 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned Counsel for the petitioners would submit that the petitioners were charged under Sections 324 and 294(b) I.P.C. and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act (TNPHWA)in Crime No.221 of 2015. He further submitted that the petitioners are an innocent persons and they have been falsely implicated in this case and hence, he prays for enlargement on anticipatory bail.

3.The learned Additional Public Prosecutor (Crl.Side) would submit that the injured has already been discharged from the hospital and the investigation is going on and hence, she prays for dismissal of this application. She further submits that it is a case of case in counter. 4.Considering the rival submissions made by both sides and also considering the fact that the injured has already been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners with certain conditions.

5.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 at Pattukkottai, and 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 Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate concerned and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. 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/- 28/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE PATTUKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE THANJORE DISTRICT 3 THE INSEPECTOR OF POLICE PERAVURANI POLIE STATION, THANJAVUR CR. NO.

221/2015 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to Mr.G.Thiruvarutselvan, Advocate SR.No.56963

ORDER

IN CRL OP(MD) No.18572 of 2015 Date :28/09/2015 AM/30.09.2015/SK.SKN/SAR-I/2P/6C https://hcservices.ecourts.gov.in/hcservices/