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Madras High CourtCRL OP(MD)/11513/2017ordered

Chithra, v. The Inspector Of Police,

2017-09-04Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of September Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.11513 of 2017

1. CHITHRA

2. SELVAM ... PETITIONERS/ACCUSED NO.3 AND 5 Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE, VALANTHUR POLICE STATION, MADURAI DISTRICT.

(IN CRIME NO.192/2017) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.KARUNANIDHI 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 petitioners, who are arrayed as A3 & A5 in Crime No.192 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(B), 323, 506(I) and 109 IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State. 3.The case of the prosecution is that, at the instigation of A5, A1 to A4 entered into the house of the de-facto complainant and assaulted them. Hence the present case has been registered against the petitioners and others.

4.The learned counsel for the petitioners submitted that the petitioners are innocent. They have not committed any offence as alleged in the complaint. They have been falsely implicated in this case, on the instigation of one Indira and Nagarathinam. They are ready to co-operate with the enquiry.

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5.The learned Additional Public Prosecutor appearing for the respondent / Police submitted that based on the complaint given by the de-facto complainant, the present case has been registered against the petitioners.

6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.2, Usilampatti, Madurai District and on each executing 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 learned Magistrate concerned and on further condition that the 2nd petitioner / A5, shall appear before the respondent police weekly once, i.e, on every Monday at 10.30 a.m., until further orders, insofar as the 1st petitioner / A3 is concerned, she shall appear before the respondent police as and when required for interrogation.

The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand automatically dismissed.

sd/- 04/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,USILAMPATTI, MADURAI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, VALANTHUR POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.R.KARUNANIDHI Advocate SR.No.29907

ORDER

IN CRL OP(MD) No.11513 of 2017 Date :04/09/2017 PK/RR-BS/SAR-1/07.09.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/