Senthilvelan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.820 of 2015 1 SENTHILVELAN 2 PARVATHY 3 BUVANESWARI 4 MUTHULAKSHMI ... PETITIONERS/ACCUSED NO.A1,A3,A4&A5 Vs THE INSPECTOR OF POLICE VADIPATTI POLICE STATION, MADURAI DISTRICT, CRIME NO.29/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.M.SUBASH BABU Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 342, 355 & 307 IPC r/w Section 4 of Women Harassment Act in Crime No.29 of 2015, seek anticipatory bail. 2.The case of the prosecution is that these petitioners, along with A2 and A6, had attacked the defacto complainant with Aruval and broomsticks. The defacto complainant sustained injuries on his hands.

3.The learned Government Advocate (Criminal side) submits that the injured has been discharged from the hospital. 4.Though the injured has been discharged from the hospital, I am of the opinion that this is not a fit case to grant anticipatory bail to the first petitioner (A1), in view of the serious allegations levelled against him. Hence, this petition is dismissed in respect of the first petitioner (A1) is concerned. 5.Insofar as the petitioners 2 to 4 are concerned, considering the facts and circumstances of the case, I am inclined to grant interim anticipatory bail to them. Accordingly, the petitioners 2 to 4 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 of https://hcservices.ecourts.gov.in/hcservices/

receipt of a copy of this order, before the learned Judicial Magistrate, Vadipatti, on condition that each 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:

[a] the petitioners 2 to 4, who are ladies, shall report before the respondent Police as and when required for interrogation. [b] the petitioners 2 to 4 shall not tamper with evidence or witness either during investigation or trial. [c] the petitioners 2 to 4 shall not abscond either during investigation or trial.

[d] 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 as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 20/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, VADIPATTI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE VADIPATTI POLICE STATION, MADURAI DISTRICT +1. CC to M/S.M.SUBASH BABU Advocate SR.No.2656 RL/6C - 22/1/2015

ORDER

IN CRL OP(MD) No.820 of 2015 Date :20/01/2015 https://hcservices.ecourts.gov.in/hcservices/