Mrs. Sangeetha v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.11984 of 2017 MRS. SANGEETHA ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE KARUR POLICE STATION, AVUDAYAR KOIL TALUK, PUDUKOTTAI DISTRICT.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.MURUGANANDAM 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/accused No.1, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) of I.P.C and Section 3

(1) of Tamil Nadu Public Property (Prevention of Damage & Loss) Act 1992 in crime No.62 of 2017, seeks anticipatory bail.

2. The case of the prosecution is that there was a partition dispute between the petitioner's husband's brother and the de facto complainant is supporting the brother in law of the petitioner herein and the accused are said to have unlawfully assembled in front of the house of the de facto complainant and caused damage to his two wheeler parked in front of the house and thereafter, entered into the house and damaged TV, fan and mirror etc.,

3. The learned counsel appearing for the petitioner states that the petitioner is an innocent person and she has not committed any offence alleged by the prosecution. He would further state that the petitioner is a stranger to the de facto complainant and there is no enmity or dispute between the petitioner and the de facto complainant and there is a dispute and inimical terms between the defacto-complainant and one Gunasekaran, who has given a counter complaint in Crime No.63 of 2017 on the file of respondent. The

defacto-complainant and the injured in Crime No.62 of 2017 are close relatives. He would further state that the petitioner is being a new married wife and residing in her father-in-law's home. He further contended that the petitioner is ready to deposit a sum of Rs.5,000/- to the credit of Crime No.62 of 2017 on the file fo the learned Judicial Magistrate, Aranthangi without prejudice to his attention in this case.

4. The learned Additional Public Prosecutor appearing for the respondent states that one named accused and ten others and totally 11 accused in this case. He would further state that the specific overt act of the petitioner is that she attacked the de facto complainant with knife and caused injuries and the injured was discharged from the hospital and the investigation is still pending. 5.Considering the facts and circumstances of the case and also considering the fact that injured was discharged from the hospital and that petitioner is voluntarily agreed to deposit a sum of Rs.5,000/- to the credit of Crime No.62 of 2017 on the file of the learned Judicial Magistrate, Aranthangi without prejudice to his contention in this case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Aranthangi and on her 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 the petitioner shall deposit a sum of Rs.5,000/- to the credit of Crime No.62 of 2017 on the file of the learned Judicial Magistrate, Aranthangai and on further condition that the petitioner shall appear before the said Magistrate daily at 10.30 am until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6.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/- 13/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ARANTHANGI, PUDUKOTTAI DISTRICT.

2 -DO THRO THE CHIEF JUDICIAL MAGISTRATE PUDUKOTTAI DISTRICT.

3 THE SUB INSPECTOR OF POLICE KARUR POLICE STATION, AVUDAYAR KOIL TALUK, PUDUKOTTAI DISTRICT.

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

+1. CC to M/S.B.MURUGANANDAM Advocate SR.No.30656

ORDER

IN CRL OP(MD) No.11984 of 2017 Date :13/09/2017 MV:RR-BS:SAR1:15/09/2017/3P/6C