Kanomozhi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17375 of 2017 KANOMOZHI ... PETITIONER/ACCUSED -3 Vs THE STATE, REP.BY THE INSPECTOR OF POLICE KENIKKARAI POLICE STATION, RAMANATHAPURAM, CR NO. 652/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.R.THAMOTHAR RAJ Advocate For Respondent : MR.K.ANBARASAN Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused no.3, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 307 of I.P.C., and Section 4 of the Prohibition of Women Harassment Act in Crime No. 652 of 2017, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is none other than the wife of the defacto complainant. There was a family dispute between the petitioner's family and the defacto complainant, thereby, the petitioner and her family members attacked the defacto complainant. As a result, he sustained injuries. Hence, the defacto complainant gave a complaint before the respondent police.

3. The learned counsel appearing for the petitioner submitted that the petitioner did not commit any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the State submitted that the injured was 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), I am inclined to grant anticipatory bail to the petitioner, Accordingly, the petitioner is ordered to be released on https://hcservices.ecourts.gov.in/hcservices/

bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Ramanathapuram, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) 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;

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(iii) the petitioner shall not commit any offence while on bail; (v) the petitioner shall not abscond either during investigation or trial;

(vi)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law and the anticipatory bail granted stands cancelled automatically.

sd/- 18/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 TH JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE,KENIKKARAI POLICE STATION, RAMANATHAPURAM.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.R.THAMOTHAR RAJ Advocate SR.No.36371 RMI GJM/PM/PN/SAR-I-21.12.2017-2P-6C

ORDER

IN CRL OP(MD) No.17375 of 2017 Date :18/12/2017 https://hcservices.ecourts.gov.in/hcservices/