Usha v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.1411 of 2016 1 USHA 2 LEEMA 3 SANTHAKUMARI 4 FRANCHY 5 SELVAKUMAR ... PETITIONERS/ACCUSED 4,5,6,7 & 9 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE THUCKALAY POLICE STATION, KANYAKUMARI DISTRICT.
CRIME NO. 635/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.RUSSEL RAJ 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, who are arrayed as accused in Crime No.20 of 2016 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 323 and 506(i) IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act and hence, seek anticipatory bail.
2. The case of the prosecution is that the petitioners along with other accused assembled unlawfully and scolded the defacto complainant with filthy language due to pathway dispute and caused injury and threatened with dire consequences.
3. It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for anticipatory bail in favour https://hcservices.ecourts.gov.in/hcservices/ of the petitioners.
4.The learned Government Advocate(Crl. Side) submitted that the injured had already been discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the fact that the injured had already been discharged from the hospital., 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 before the learned Judicial Magistrate, Padmanabhapuram, Kanyakumari District and on their executing a separate 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 petitioners 4 and 5 shall appear before the respondent police daily at 10.00 a.m until further orders and the petitioners 1 to 3 shall appear before the respondent police as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.
6.The petitioners 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/- 27/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,PADMANABHAPURAM KANYAKUMARI DISTRICT 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE,KANYAKUMARI DISTRICT 3 THE SUB INSPECTOR OF POLICE,THUCKALAY POLICE STATION, KANYAKUMARI DISTRICT.
4 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. +1. CC to M/S R.RUSSEL RAJ Advocate SR.No.4499.
ORDER
IN CRL OP(MD) No.1411 of 2016 Date :27/01/2016 https://hcservices.ecourts.gov.in/hcservices/ AM/28.01.2016/PM.MP/SAR-I/2P/6C