M.Vivitha v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14951 of 2017 M.VIVITHA ... PETITIONER/ACCUSED NO.2 Vs THE STATE THROUGH THE INSPECTOR OF POLICE SHOLAVANDHAN POLICE STATION, MADURAI DISTRICT CRIME No.508 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : Mr.K.SURESH 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 Accused No.2, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 427 and 506(i) of I.P.C., in Crime No.508 of 2017, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that A1 and A2 are husband and wife. The petitioner and the defacto complainant are close relatives. The petitioner and her husband damaged the drinking water pipeline which was installed infront of the house of the defacto complainant and the same was questioned by the defacto complainant, and thereby, the petitioner and her husband attacked the defacto complainant. As a result, the defacto complainant sustained injuries and admitted in the hospital. Hence, a case has been registered against the petitioner for the above said offences. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Crl.side) appearing for the State that injured was discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/
5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), 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, Vadipatti, Madurai 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 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. (iii) the petitioner shall not abscond 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 learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law and the anticipatory bail granted stands cancelled automatically.
sd/- 06/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI, MADURAI DISTRICT 2 -do- thro' THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, SHOLAVANDHAN POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to Mr.K.SURESH, Advocate, SR.No.33960 ORDER IN CRL OP(MD) No.14951 of 2017 Date :06/11/2017 mrn SH/RR/SAR-4:09.11.2017: 2P/6C https://hcservices.ecourts.gov.in/hcservices/