Mukila v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.12288 of 2017 MUKILA ... PETITIONER / ACCUSED No.3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KEELATHOOVAL POLICE STATION, RAMANATHAPURAM DISTRICT (CRIME NO.103 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.UTHAYAKUMAR 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/A3, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324, 506(i) of IPC and Section 4 of Women Harassment Act, in Crime No.103 of 2017, seeks anticipatory bail.

2. The case of the prosecution is that while celebrating village festival at petitioner's native village, a wordy quarrel arose between them with regard to domestic dispute, due to that A3 pulled the hair of the de-facto complainant and pushed down then attacked the de-facto complainant.

3. The learned counsel appearing for the petitioner states that the petitioner is an innocent person and she did not commit any offence.

4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that there are totally three accused in this case and the petitioner herein is arrayed as A3. He would further submit that injured was discharged from the hospital and the co-accused A1 and A2 were arrested and released on bail by the concerned Magistrate and the investigation is still pending.

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5. Considering the above facts and circumstances of the case and also considering the fact that, co-accused had already been granted bail, 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 her appearance, before the learned Judicial Magistrate, Muthukulathur, Rmanathapuram District, 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/- 21/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE MUTHUKULATHUR, RAMANATHAPURAM 2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM 3 THE INSPECTOR OF POLICE KEELATHOOVAL POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.A.UTHAYAKUMAR Advocate SR.No.31505

ORDER

IN CRL OP(MD) No.12288 of 2017 Date :21/09/2017 MV:PM-PN:SAR1:25/09/2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/