Geetha Kumari v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.10554 of 2017 GEETHA KUMARI ... PETITIONER/A2 Vs STATE REP.BY, THE SUB INSPECTOR OF POLICE KALIYAKKAVILAI POLICE STATION, KALIYAKKAVILAI, KANYAKUMARI DISTRICT.

CRIME NO.283/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.RAMAKRISHNA DASS Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 506(ii) of IPC., r/w Section 4 of TNPHW Act, 2002, in Crime No.283 of 2017, seeks anticipatory bail.

2. The case of the prosecution is that there was a civil dispute between the petitioner and the defacto complainant and the petitioner said to have abused filthy language and also threatened the defacto complainant by showing stone.

3. The learned counsel appearing for the petitioner states that the petitioner is an innocent and he has not committed any offence, as alleged by the prosecution.

4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that there are totally two accused and the petitioner herein is arrayed as A2. He would further submit that A1 was arrested and released on bail by the concerned Magistrate Court. He also submitted that there was a civil dispute between the accused and the defacto complainant and the petitioner said to have abused filthy language and also threatened the defacto complainant by showing stone and no one sustained injury https://hcservices.ecourts.gov.in/hcservices/

in the occurrence and the investigation is still pending.

5. Considering the above facts and circumstances of the case and also considering the fact that no one is sustained injury in the occurrence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.1, Kuzhithurai, on condition that the petitioner shall execute a 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 the petitioner shall report before respondent Police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required, for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C., scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 11/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,KUZHITHURAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE SUB INSPECTOR OF POLICE KALIYAKKAVILAI POLICE STATION, KALIYAKKAVILAI,KANYAKUMARI DISTRICT.

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

+1. CC to M/S.S.RAMAKRISHNA DASS Advocate SR.No.28794 MPK CSL/RR-BS/SAR-IV/17.08.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.10554 of 2017 Date :11/08/2017 https://hcservices.ecourts.gov.in/hcservices/