A.Amutha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13752 of 2017 A.AMUTHA ... PETITIONER / ACCUSED NO.2 Vs STATE THROUGH THE INSPECTOR OF POLICE VATTATHIKOOTTAI POLICE STATION, THANJAVUR DISTRICT, CR NO. 122/2017. ... RESPONDENT/ COMPLAINANT For Petitioner : MR.T.SUGADEV, Advocate for M/S.S.SENTAMIL SELVAN Advocate For Respondent : MR.K.ANBARASAN Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A2, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(ii) IPC, in Crime No.122 of 2017, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and her husband were assaulted the de-facto complainant without any reason. Aggrieved by the same, the de-facto complainant lodged a complaint against the petitioner.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner's husband/A1 was already arrested and subsequently, released on bail by the lower Court.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that the injured was discharged from the hospital and the petitioner has no previous case.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side) that the injured was discharged from the hospital and the petitioner has no previous case, I am 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pattukkottai, Thanjavur District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioner shall report before the investigating Officer as and when required for interrogation; (ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii)the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioner shall not commit any offence while on bail;

(v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law and the bail granted stands cancelled automatically. sd/- 11/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ns TO 1 THE JUDICIAL MAGISTRATE PATTUKKOTTAI, THANJAVUR DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM

3 THE INSPECTOR OF POLICE, VATTATHIKOOTTAI POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.S.SENTAMIL SELVAN Advocate SR.No.32542 GJM/RR/BS/SAR-2-20.10.17-2P-6C

ORDER

IN CRL OP(MD) No.13752 of 2017 Date :11/10/2017