Muthu Bharathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2630 of 2015 1 MUTHU BHARATHI 2 JOTHI LAKSHMI 3 KRISHNAMOORTHY ... PETITIONERS /ACCUSED 1 to 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, KEEZHAVALAVU POLICE STATION, MADURAI DISTRICT.

(CRIME NO.54 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S. K. SETHUPATHI, 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 :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324 & 506(i) IPC in Crime No.54 of 2015 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel, the petitioners assaulted the defacto complainant.

3. It is represented by the learned counsel for the petitioners that on account of family quarrel, this case has been foisted against the petitioners. It is further stated that the second petitioner filed D.V.O.P.No.31 of 2014 before the learned Judicial Magistrate, Melur, against her husband and in-laws.

4. It is represented by the learned Government Advocate (Crl.Side) that the injured has been discharged from hospital and https://hcservices.ecourts.gov.in/hcservices/ there is no previous case against the petitioners.

5. Considering the facts and circumstances of the case, 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, Melur, Madurai District, on condition that the petitioners shall execute 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 shall report before the respondent police as and when required for interrogation.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[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 petitioner 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/- 24/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE, KEEZHAVALAVU POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S. K. SETHUPATHI, Advocate SR.No.8499. ORDER IN CRL OP(MD) No.2630 of 2015 msm 25.02.2015 p2/6c Date :24/02/2015 https://hcservices.ecourts.gov.in/hcservices/