Madras High CourtCRL OP(MD)/9737/2015allowed

Vada Koriya v. The Inspector Of Police

2015-06-17Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9737 of 2015 VADA KORIYA ... PETITIONER/ACCUSED No.1 Vs STATE REP.BY THE INSPECTOR OF POLICE RAMESWARAM TOWN POLICE STATION, RAMNAD DISTRICT.

CR. NO. 57 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.BHAGAVATH SINGH Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) For Intervener : MR.AJAY KOSE, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A1 in Crime No.57 of 2015 on the file of the respondent police apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 506(i) and 509 of I.P.C. r/w Section 4 of TNPHW Act, 2000 and hence, seeks anticipatory bail.

2.According to the defacto complainant on 23.05.2015 at about 17 hours the accused had quarrelled with the defacto complainant and used filthy language and also questioned the modesty of the defacto complainant.

3.It is submitted by the learned Government Advocate (Crl.Side) that the petitioner is a social worker and the District President of Indhiya Jananayaga Maadhar Sangam and actively and effectively taken part in suppressions against women.

4.The learned counsel for the petitioner submitted that one Anjugam, who belongs to a Schedule Caste had fell in love with a boy belonging to Backward Community and she was cheated and on promise the boy had physical relationship with her and thereby she became pregnant. The learned counsel further submitted that both the said Anjugam and the boy were residing at Chennai and on the complaint given by the said Anjugam to the Parangimalai Police Station, the marriage was performed and thereafter he left her in lurch and therefore, the said Anjugam had gone to Rameshwaram to lodge complaint against her husband. The petitioner who came to know about the pathetic condition of the said Anjugam helped her and the defacto complainant who came in support of her husband entered into a quarrel with the petitioner and it entered in case and counter. He would further submit that the petitioner is an innocent person and she has been falsely implicated in this case. https://hcservices.ecourts.gov.in/hcservices/

5. The learned counsel for the defacto complainant has vehemently opposed the application stating that the petitioner has misbehaved with the advocate in the police station and she is not entitled for anticipatory bail.

6. The learned Government Advocate (crl. Side) submitted that a counter case in Crime No.58 of 2015 is registered against the defacto complainant for the offence under Sections 294(b) and 506(i) IPC. 7.Considering the facts and circumstances of the case and also considering the fact that the injured person had already been discharged from the hospital, 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, Rameshwaram, Ramnad District and on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. for a period of one week and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

8. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 17/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,RAMESHWARAM,RAMNAD DISTRICT. 2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,RAMANATHAPURAM DISTRICT. 3 THE INSPECTOR OF POLICE RAMESWARAM TOWN POLICE STATION, RAMNAD DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.G.BHAGAVATH SINGH Advocate SR.No.31499

ORDER

IN CRL OP(MD) No.9737 of 2015 Date :17/06/2015 PA/PPS/25.06.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/