Lakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15629 of 2017 LAKSHMI ... PETITIONER/ ACCUSED Vs THE STATE THROUGH THE INSPECTOR OF POLICE CHETTINADU POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.69/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.BHARATHY KANNAN 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.3, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 448, 323 and 324 of I.P.C., in Crime No.69 of 2017, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is the husband of the petitioner. There was family dispute between the petitioner and the defacto complainant and thereby, the petitioner attacked the defacto complainant caused injuries.

Hence, a case has been registered against the petitioner for the aforesaid offences. 3.The learned counsel for the petitioner submitted that the the petitioner is an innocent person and did not commit any offence as alleged by the prosecution. He further submitted that the defacto complainant attacked the petitioner and thereby, her pregnancy was aborted and by suppressing the fact the defacto complainant gave a false complainant against the petitioner.

4.The learned Government Advocate (Crl. Side) submitted that the petitioner's son and father attacked the defacto complainant and caused simple injuries to him.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Criminal Side), I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is https://hcservices.ecourts.gov.in/hcservices/

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, Karaikudi, 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/- 16/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MRN TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE CHETTINADU POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.BHARATHY KANNAN Advocate SR.No.34550 GJM/RR/SAR-4-22.11.2017-2-2P-6C

ORDER

IN CRL OP(MD) No.15629 of 2017 Date :16/11/2017 https://hcservices.ecourts.gov.in/hcservices/