Nagathal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17318 of 2017 NAGATHAL ... PETITIONER / ACCUSED No.2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE VILAMPATTI POLICE STATION, DINDIGUL CR NO. 170/2017. ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.SURESH 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 petitioner, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 294(b), 323, 506(i) I.P.C., in Crime No.170 of 2017, on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that on 06.12.2017, the petitioner and her husband assaulted the defacto complainant's husband with wooden stick and sustained injuries. Hence, the defacto complainant lodged a complaint before the respondent police. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and he did not commit any offence as alleged by the prosecution. He further submitted that accused no.1 was arrested and released on bail by the Lower Court.

4.The learned Government Advocate (Crl.side) appearing for the respondent Police, on instructions, would submit that the injured 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), 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 his appearance, within aperiod of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Nilakkottai, Dindigul District, 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 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 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 make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioner shall not abscond either during investigation or trial.

(v) the petitioner shall not commit any offence while on bail;

(vi) 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/- 20/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NILAKKOTTAI, DINDIGUL DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE VILAMPATTI POLICE STATION, DINDIGUL

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.K.MANIKANDAN Advocate SR.No.36917 JAM/26.12.17/Pn/ SAR 4/ 3P-6C

ORDER

IN CRL OP(MD) No.17318 of 2017 Date :20/12/2017