Valliammal v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.20408 of 2015 1 VALLIAMMAL 2 SUBBIAH ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE MADAGUPATTI POLICE STATION, SIVAGANGAI DISTRICT.

IN CR.NO. 244 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.BALAJI Advocate For Respondent : Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 447, 427 and 506(ii) of the Indian Penal Code in Crime No.244 of 2015, on the file of the respondent police, seek anticipatory bail.

2. It is represented by the learned Government Advocate (Crl.Side) that there is a civil dispute between the petitioners and the defacto complainant and the petitioners tried to assault the defacto complainant.

3. Considering the facts and there is a civil dispute between the petitioners and the defacto complainant and that the petitioners have no previous antecedent, I am 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, Sivagangai, on condition that the petitioners shall execute 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 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 2nd petitioners shall report before the respondent police daily at 06:30 p.m., for a period of two weeks and thereafter, as and when required, and insofar as the 1st petitioner is concerned, she shall report before the respondent, as and when required, for interrogation. [b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

https://hcservices.ecourts.gov.in/hcservices/ [c] the petitioners 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 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].

The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioners are complying with the order or not. sd/- 20/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SIVAGANGAI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 3 THE SUB INSPECTOR OF POLICE MADAGUPATTI POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S S.BALAJI Advocate SR.No.62230 sm:SKS-SAR II:20.10.2015:2P/6c

ORDER

IN CRL OP(MD) No.20408 of 2015 Date :20/10/2015 https://hcservices.ecourts.gov.in/hcservices/