Kadharson v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16101 of 2017 1 KADHARSON 2 SARADHA BAI 3 MAMONI ... PETITIONERS / ACCUSED Nos.1 to 3 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, PUDUKADAI POLICE STATION, KANYAKUMARI DISTRICT , CRIME NO.210/2017 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.D.SRINIVASARAGAVAN Advocate For Respondent : Mr.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners / Accused Nos.1 to 3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 452, 323 and 506(ii) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002, in Crime No.210 of 2017, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that on 14.06.2017, the petitioners went to the defacto complainant's house, and questioned the drained sewage water, thereby there was a wordy quarrel between them, the petitioner attacked the defacto complainant and sustained simple injuries. Hence, the defacto complainant gave a complaint before the respondent police.
3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.
4. Heard the learned Government Advocate (Crl.side) appearing for the State.
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), this Court is 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 No.II, Kuzhithurai, 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 each 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 ;
(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioners shall not commit any offence while on bail;
(iv) 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/- 23/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, KUZHITHURAI, KANYAKUMARI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE, PUDUKADAI POLICE STATION, KANYAKUMARI DISTRICT , 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +2. CC to MR.D.SRINIVASARAGAVAN Advocate SR.No.35007 JAM/24/11.17/CM/SAR 1/ 2P-7C ORDER IN CRL OP(MD) No.16101 of 2017 Date :23/11/2017 https://hcservices.ecourts.gov.in/hcservices/