Madras High CourtCRL OP(MD)/5714/2018granted

Palselvi v. The Inspector Of Police

2018-04-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5714 of 2018 PALSELVI ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE MANDALAMANICKAM POLICE STATION, RAMNAD DISTRICT.

IN CR NO. 22/2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.J.CHAKKARAVARTHY Advocate For Respondent : MR.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 353, 506(ii) of I.P.C., in Crime No.22 of 2018, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 08.04.2018 the defacto complainant/Village Administrator Officer along with other Revenue official have tried to remove the encroachment in the Muthalankulam village, the petitioner and her husband have abused and criminally intimidated the defacto complainant and others. Hence, the case has been registered for the above said offences.

3. It is submitted by the learned counsel for the petitioner is that the petitioner is a lady and wife of A1 and that the petitioner is no way connected in this case and prays for anticipatory bail in favour of the petitioner.

4. It is submitted by the learned Government Advocate (Criminal side) that the petitioner is a lady and she has no bad antecedents.

5. Eventhough the allegation is that the public servant was prevented from discharging his duties, it is seen that no injury has been caused. Hence, 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 https://hcservices.ecourts.gov.in/hcservices/

or on his appearance before the learned Judicial Magistrate, Kamuthi, Ramnad District, and 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 conditions 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 made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 11/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KAMUTHI, RAMNAD DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMNAD DISTRICT.

3 THE INSPECTOR OF POLICE MANDALAMANICKAM POLICE STATION, RAMNAD DISTRICT.

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

+1. CC to M/S.S.J.CHAKKARAVARTHY Advocate SR.No.5929

ORDER

IN CRL OP(MD) No.5714 of 2018 Date :11/04/2018 MKV-CM-VR-SAR 4/16.4.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/