Peerpathu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3820 of 2015 1 PEERPATHU 2 MEETHALEBBAI 3 MATHINA 4 ARIFA @ SAMSUN ARIFA 5 JAFFERULLAH KHAN ... PETITIONERS/ACCUSED NO. 1 TO 5 Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEELAKARAI, RAMNAD, CRIME NO.2/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.N.SEKAR 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 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A) and 506(i) of Indian Penal Code and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002 in Crime No.2 of 2015 on the file of the respondent police, seek anticipatory bail.

2. This case has been registered pursuant to a direction issued by this Court in Crl.O.P.(MD) No.21656 of 2014. This Court perused the FIR and found that the allegations found therein are not very serious as against these petitioners. These petitioners are in-laws of the de-facto complainant. Therefore, relying upon the Judgment of the Hon'ble Supreme Court in Arnesh Kumar Vs.State of Bihar reported in 2014 (8) Scale 250, this Court is inclined to grant Anticipatory Bail to the petitioners herein.

4. 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, Ramnad, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- each (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police https://hcservices.ecourts.gov.in/hcservices/

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 Judicial 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 Judicial 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/- 05/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,RAMNAD 2 THE CHIEF JUDICIAL MAGISTRATE,RAMNAD 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEELAKARAI, RAMNAD 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.N.SEKAR Advocate SR.No.10511

ORDER

IN CRL OP(MD) No.3820 of 2015 Date :05/03/2015 AA/09.03.2015/2p- 6c/ https://hcservices.ecourts.gov.in/hcservices/