Pushpalatha v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.24610 of 2015 1 PUSHPALATHA 2 SASIKUMAR 3 RATHEESE ..PETITIONERS/ACCUSED NOS.1,2 AND 4 Vs.

STATE REP.BY THE SUB INSPECTOR OF POLICE THIRUVATTAR POLICE STATION, KANYAKUMARI DISTRICT.

CR.NO.817/2015 ... RESPONDENT/COMPLAINANT For Petitioners : M/S R.RUSSEL RAJ Advocate For Respondent : MR.A.P.BALASUBRAMANI, 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 Accused Nos. 1, 2 and 4, in Crime No. 817 of 2015 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324 and 506(ii) IPC and hence, seek anticipatory bail.

2. The case of the prosecution is that due to matrimonial dispute, the petitioners along with one another attacked the defacto complainant and others with stick and iron rod and scolded them by using filthy language and threatened them.

3. It is submitted by the learned counsel for the petitioners that the first petitioner is none other than the wife of the defacto complainant and the second petitioner is brother-in-law of the defacto complainant. The petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for anticipatory bail in favour of the petitioners. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate(Crl. Side) submitted that injured has already been discharged from hospital.

5.Considering the facts and circumstances of the case and also considering the fact the injured has already been discharged from hospital, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Padmanabhapuram, Kanyakumari District and on their 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 learned Magistrate concerned and on further condition that the petitioners 2 and 3 shall appear before the respondent police daily at 10.00 a.m until further orders and the first petitioner shall appear before the respondent police as and when required. 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/- 05/01/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE,PADMANABHAPURAM, KANYAKUMARI DISTRICT. 2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL.

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

4 THE SUB INSPECTOR OF POLICE THIRUVATTAR POLICE STATION, KANYAKUMARI DISTRICT. +1. CC to M/S R.RUSSEL RAJ Advocate SR.No.317 akm/06.01.2016/2p-6c/MP/PM/SAR-I ORDER IN CRL OP(MD) No.24610 of 2015 Date :05/01/2016 https://hcservices.ecourts.gov.in/hcservices/