Maragatham v. The Sub-Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14745 of 2017 MARAGATHAM ... PETITIONER/SOLE ACCUSED Vs STATE THROUGH THE SUB-INSPECTOR OF POLICE EAST POLICE STATION, VIRUDHUNAGAR.
CRIME NO.538/2017 ... RESPONDENT/COMPLAINANT For Petitioner : Mr..L.PRABHU 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 Sole Accused, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 355, 353, 506(i) of I.P.C., in Crime No.538 of 2017, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner is a teacher, who was participated in a meeting on 20.10.2017. At that time, the defacto complainant , who is a supervisor of Block Resource Centre, Sarva Siksha Abhiyan, Virudhunagar scolded and attacked the petitioner, thereby the petitioner sustained injury and admitted in the hospital. Thereafter, on Complaint given by the defacto complainant, a case has been registered against the petitioner for the above said offence. Similarly, the petitioner also lodged a case against the de-facto complainant in Crime No.537 of 2017. This is a case and case in counter 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution and he would further submit that this is a case and case in counter. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl.side) appearing for the State submitted that this is case of case and counter and the
injured person has already been discharged from the hospital. 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, 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 her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Virudhunagar, on condition that the petitioner 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 petitioner shall report before the respondent police, as and when required for interrogation;
(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial.
(iv) the petitioner shall not commit any offence while on bail; (v)On breach of any of the aforesaid conditions, the petition for anticipatory bail stands dismissed.
sd/- 01/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR 2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE SUB-INSPECTOR OF POLICE EAST POLICE STATION, VIRUDHUNAGAR.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.L.PRABHU Advocate SR.No.33625 ORDER IN CRL OP(MD) No.14745 of 2017 Date :01/11/2017 rmk SH/SM/SAR-2:06.11.2017:2p/6c https://hcservices.ecourts.gov.in/hcservices/