Santhi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.1159 of 2016 1 SANTHI 2 NIVETHA ..PETITIONERS/ACCUSED 1 & 2 Vs.
STATE REP.BY THE INSPECTOR OF POLICE NAINARKOVIL POLICE STATION, NAINARKOVIL, RAMANATHAPURAM DISTRICT.
RAMANATHAPURAM.
(CRIME NO. 179/2015) ... RESPONDENT/COMPLAINANT For Petitioners : M/S.K.R.LAXMAN Advocate For Respondent : MR.P.KANNITHEVAN, Govt. 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 and 2, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,148,294(b),323,355 and 506(i) IPC r/w. Section 4 of Prohibition of Women Harassment Act in Crime No.179 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2. The case of the prosecution is that due to wordy quarrel the petitioners attacked the defacto complainant and threatened him with dire consequences. On complaint a case has been registered against the petitioners.
3. The learned counsel appearing for the petitioners submitted that this Court by order dated 25.11.2015, granted anticipatory bail to the petitioners, but, the petitioners did not comply with the condition imposed by this Court. Hence, the present petition has been filed by the petitioners on the ground that the first petitioner herein fell in severe ill and therefore, he was hospitalised at Kerala for the past two months.
4. The learned Government Advocate (Crl. Side) would submit that the investigation of the case is pending. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also the fact that this Court has already granted anticipatory bail to the petitioners in Crl.O.P(MD).No.22204 of 2015, 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 before the learned Judicial Magistrate No-I, Paramakudi, Ramanathapuram District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.
6. The petitioners 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/- 22/01/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.I,PARAMAKUDI, RAMANTHAPURAM DISTRICT. 2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, RAMANTHAPURAM. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE NAINARKOVIL POLICE STATION, NAINARKOVIL, RAMANATHAPURAM DIST. +1. CC to M/S.K.R.LAXMAN Advocate SR.No.4424 akm/27.01.2016/ 2p- 6c/AAL/MPA/SAR-I
ORDER
IN CRL OP(MD) No.1159 of 2016 Date :22/01/2016 https://hcservices.ecourts.gov.in/hcservices/