Madras High CourtCRL OP(MD)/1736/2017granted

Maria Helin @ Kevin v. The Inspector Of Police

2017-02-17Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1736 of 2017 MARIA HELIN @ KEVIN ... PETITIONER/ACCUSED NO.2 Vs THE INSPECTOR OF POLICE VELLISANTHAI POLICE STATION, KANYAKUMARI DISTRICT CRIME NO. 104/2016 ... RESPONDENT/INVESTIGATION AGENCY For Petitioner : M/S.DHANA LAW ASSOCIATES Advocate For Respondent : MR.P.KANDASAMY, 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 alleged offence punishable under Sections 427, 294(b), 323, 324 and 506(ii) of IPC., in Crime No.104 of 2016, seeks anticipatory bail.

2. The case of the prosecution is that there was a family dispute and wordy quarrel and the petitioner said to have attacked the defacto complainant with stick and iron rod and caused injury.

3. The learned counsel appearing for the petitioner states that A1 was granted anticipatory bail by the concerned Sessions Court in Crl.M.P.No.1639 of 2016 dated 29.04.2016. He would further submit that the petitioner is an innocent and she has not committed any offence, as alleged by the prosecution.

4. The learned Government Advocate (crl.side) appearing for the respondent states that totally there are four accused in this case and the petitioner herein is A2. He would further submit that there was a family dispute and wordy quarrel and the petitioner said to have attacked the defacto complainant with stick and iron rod and caused injury and the injured has been discharged from the hospital.

5. Considering the above facts and circumstances of the case https://hcservices.ecourts.gov.in/hcservices/

and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, before the learned Judicial Magistrate, Eraniel, on condition that the petitioner shall execute 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 respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required, for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously.

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

sd/- 17/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,ERANIEL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE VELLISANTHAI POLICE STATION, KANYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.DHANA LAW ASSOCIATES Advocate SR.No.9105 MPK CSL/CM-MSA/SAR-I/21.02.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.1736 of 2017 Date :17/02/2017 https://hcservices.ecourts.gov.in/hcservices/