P.Sheela v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.3333 of 2015 1 P.SHEELA 2 PAULRAJ 3 STELLA 4 SHEEBA 5 DR.CHANDRAKUMR ... PETITIONERS/ACCUSED 1 TO 5 Vs 1 THE INSPECTOR OF POLICE MAYILADUMBARAI POLICE STATION, MAYILDUMBARAI,THENI DIST, CR.NO.6/2015 ..RESPONDENT/COMPLAINANT 2 ARUMUGAM ... RESPONDENT/DEFACTO COMPLAINANT For Petitioner : M/S.L.RAJIAH 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 :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294-B, 323 and 506(I) IPC in Crime No.6 of 2015 on the file of the respondent police, seek anticipatory bail.

2. Pursuant to the directions issued by this Court in Crl.O.P. (MD)No.1155 of 2015, this case has been registered by the respondent police. The defacto complainant in this case is none other than the father-in-law of the first petitioner. The dispute essentially appears to be a family dispute between the parties. It is also submitted that no one has been seriously injured.

3. Under such circumstances, since no one is injured in this 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 No.I, Andipatti Taluk, Theni 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.

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[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 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/- 25/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDICIAL MAGISTRATE NO.I, ANDIPATTI TALUK,THENI DISTRICT.

THE CHIEF JUDICIAL MAGISTRATE, THENI.

THE INSPECTOR OF POLICE MAYILADUMBARAI POLICE STATION, MAYILDUMBARAI, THENI DISTRICT.

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

+1. CC to M/S.L.RAJIAH Advocate SR.No.8911

ORDER

IN CRL OP(MD) No.3333 of 2015 Date :25/02/2015 PA/26.02.15/2P/6C https://hcservices.ecourts.gov.in/hcservices/