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Madras High CourtCRL OP(MD)/306/2015ordered

P. Annalakshmi v. The Inspector Of Police

2015-01-09Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.306 of 2015 P. ANNALAKSHMI ... PETITIONER/ ACCUSED NO.4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR, DT, CRIME NO.618/2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.FARJAN GHOUSHIA Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.618 of 2014, on the file of the respondent police for offences under Sections 294(b), 323, 506(i) IPC & Section 24 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the petitioner is now before this Court seeking Anticipatory Bail.

2. It is alleged that this petitioner along with other accused assaulted the defacto complainant by hands. The occurrence is alleged to have taken place on 17.11.2014, but the complaint was lodged only on 01.12.2014.

3. The learned Government Advocate (crl. side) would submit that there is no previous case against the petitioner.

4. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case.

5. Having regard to the nature of offences said to have been committed by the petitioner, I am inclined to grant anticipatory bail to her, but with conditions.

6. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on her appearance before the learned Judicial Magistrate, Rajapalayam on 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 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 petitioner shall report before the respondent police twice a day daily at 10.30 a.m. and 6.30p.m. for a period of two weeks without fail and thereafter as and when required for interrogation. https://hcservices.ecourts.gov.in/hcservices/

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

[c] the petitioner 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].

sd/- 09/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, RAJAPALAYAM.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH CUORT, MADURAI.

4.THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

+1. CC to M/S.D.FARJAN GHOUSHIA Advocate SR.No.1255

ORDER

IN CRL OP(MD) No.306 of 2015 Date :09/01/2015 rg.19.01.2015 2p.6c.

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