Deviga v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15823 of 2017 1 DEVIGA 2 MITHILI 3 UDAYAVANI ... PETITIONERS/ACCUSED 2 to 4 Vs 1 STATE REP BY, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT (CRIME NO.68 OF 2017) ... RESPONDENT/COMPLAINANT 2 SANTHIYA ... RESPONDENT/DEFACTO COMPLAINANT For Petitioners : M/S.C.MUTHUSARAVANAN 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 petitioners, who are arrayed as Accused Nos.2 to 4, apprehend arrest at the hands of the respondent police for offences punishable under Sections 498(a), 506(i), 120-B IPC and Section 4 of TNHW Act 2002, in Crime No.68 of 2017, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner is the mother-in-law of the defacto complainant and second and third petitioners are the step mother and sister of the first accused respectively. On 27.08.2017, the first petitioner's son went to the defacto complainant house and attacked her and her family members. Thereby, the defacto complainant sustained injuries and she lodged a complaint against the petitioners before the respondent police. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl.side) appearing for the State the injured was 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), 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Melur, on condition that the petitioners 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 petitioners shall report before the respondent police, as and when required for interrogation;

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial.

(iii) the petitioners shall not abscond either during investigation or trial;

(iv) the petitioners 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 petitioners in accordance with law and the anticipatory bail granted stands cancelled automatically.

sd/- 20/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.C.MUTHUSARAVANAN Advocate SR.No.34749

ORDER

IN CRL OP(MD) No.15823 of 2017 Date :20/11/2017 PK/RR/SAR-1/27.11.2017 : 3P/6C