Nagu@Nagalakshmi, v. State Rep By The Inspector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.8978 of 2015 NAGU@NAGALAKSHMI ... PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE, PALANI ADIVARAM POLICE STATION, DINDIGUL DISTRICT (CRIME .NO.155/2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.T.LENIN KUMAR Advocate For Respondent : M/S.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A1 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 324 and 506(i) I.P.C. in Crime No.155 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.
2. The case of the prosecution is that when A1 to A4 were selling sandal power Kumkum etc by encroaching the pathway, the defacto complainant requested them to vacate since the same caused hindrance to devotees. But they refused to vacate and pushed down the defacto complainant due to which the defacto complainant sustained injuries.
3.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and she is nothing to do with the alleged offence.
4.The learned Government Advocate (Crl.side) submitted that the injured had already been discharged from hospital. 5.Considering the facts and circumstances of the case, this Court is 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 before the learned Judicial Magistrate, Palani, and on condition that the 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 https://hcservices.ecourts.gov.in/hcservices/
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 petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation.
[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioner 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 petitioner 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]. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate (Crl.side) as to whether the petitioner is complying with the order or not. sd/- 06/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, PALANI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE, PALANI ADIVARAM POLICE STATION, DINDIGUL DISTRICT +1. CC to M/S.T.LENIN KUMAR Advocate SR.No.25092 RL/6 C- 7/5/2015
ORDER
IN CRL OP(MD) No.8978 of 2015 Date :06/05/2015 https://hcservices.ecourts.gov.in/hcservices/