Leema Rosi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7037 of 2015 LEEMA ROSI ... PETITIONER/ACCUSED No.2 Vs STATE REP.BY THE INSPECTOR OF POLICE KURIVIKULAM POLICE STATION, SANKARANKOVIL TALUK, TIRUNELVELI DISTRICT.

(CRIME NO. 47 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.MUTHUVELAN Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is A2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 294(B), 323 and 506(ii) of IPC r/w section 4 of TNPWH Act, in Crime No.47 of 2015, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that at the time of taking water from the street tap line, there was a wordy altercation between the petitioner/A2 and the de-facto complainant and due to which, the accused persons assaulted the de-facto complainant.

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

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that in the alleged occurrence, no one has sustained any injury and A1 was already arrested and released on bail by the trial court.

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5.Considering the facts and circumstances of the case and also considering the fact that A1 was already released on bail by the trial court, 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, Sankarankovil 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 on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the condition 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 made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 16/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE KURIVIKULAM POLICE STATION, SANKARANKOVIL TALUK, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.V.MUTHUVELAN Advocate SR.No.18919 ORDER IN CRL OP(MD) No.7037 of 2015 Date :16/04/2015 PA/17.04.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/