K.Amutha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Second day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.10592 of 2017 K.AMUTHA ... PETITIONER/ACCUSED No.4 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE VATHALAI POLICE STATION, TRICHY DISTRICT.

CRIME NO. 178 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : Mr.K.A.S.PRABHU 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 offence punishable under Sections 147, 148, 295(b), 324, 506(ii) IPC in Crime No.178 of 2017 on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that due to some dispute, the petitioner along with other accused attacked the de facto complainant and caused injury.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent Police on instruction would submit that totally there are 5 accused and the petitioner is arrayed as A4 in this case. He also submitted that injured was discharged from the hospital and investigation is still pending.

5.Considering the facts and circumstances of the case and also taking note of the fact that injured was discharged from the hospital, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Musiri, 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 https://hcservices.ecourts.gov.in/hcservices/

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 daily at 10.30 a.m. for a period of 3 weeks.

[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 petitioner 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/- 22/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDUCIAL MAGISTRATE MUSIRI, TRICHY DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT 3 THE INSPECTOR OF POLICE VATHALAI POLICE STATION, TRICHY District.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.K.A.S.PRABHU Advocate SR.No.29068

ORDER

IN CRL OP(MD) No.10592 of 2017 Date :22/08/2017 NBJ JAM/RR-BS/SAR 4/29.08.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/