Lakshmi Kandhan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14401 of 2017 1 LAKSHMI KANDHAN 2 MEENAKSHI 3 SARANYA ... PETITIONERS / ACCUSED NO. 1 TO 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.823/2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.R.MANOHARAN 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 petitioners, who are arrayed as accused Nos.1 to 3, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of IPC, and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, in Crime No.823 of 2017, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the first and second petitioners are the parents of the third petitioners. The third petitioner is the wife of the defacto complainant's son. Due to the family dispute, the petitioners attacked the defacto complainant with stick and hands. Thereby, the defacto complainant sustained simple injuries. Based on the compliant, the case has been registered for the above said offences.
3. The case of the petitioner is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Criminal side) appearing for the respondent on instructions, would submit that the injured person has been discharged from the hospital and investigation is
still pending.
5. Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital,I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.I, Tirunelveli, on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), 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 petitioners shall report before the investigation officer, daily between 10.00 a.m. and 11.00 a.m., for a period of two weeks;
(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(iii) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;
(iv) the petitioners 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 petitioners in accordance with law and the anticipatory bail granted stands cancelled automatically.
sd/- 26/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I TIRUNELVELI.
2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
3 THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT,
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1. CC to M/S.R.MANOHARAN Advocate SR.No.33210
ORDER
IN CRL OP(MD) No.14401 of 2017 Date :26/10/2017 MV:RR-BS:SAR2:31/10/2017/3P/6C