M.Kannammal, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17846 of 2017 M.KANNAMMAL ... PETITIONER / ACCUSED NO.4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, S.V.MANGALAM POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO.150 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.BHARATHY KANNAN 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 is arrayed as Accused No.4, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 506(ii) and 109 of I.P.C., and Section 4 of the Tamil Nadu Prohibition of Woman Harassment Act, in Crime No.150 of 2017, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 21.11.2017, the petitioner attacked the defacto complainant and thereby, the defacto complainant sustained injuries and admitted in the hospital. Hence, the defacto complainant lodged a complaint before the respondent police.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the State submitted 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 (Criminal side), I am 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 their https://hcservices.ecourts.gov.in/hcservices/

appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruppathur, 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 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 not abscond either during investigation or trial;

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

(v) 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/- 22/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUPPATHUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, S.V.MANGALAM POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.BHARATHY KANNAN Advocate SR.No.36930

ORDER

IN CRL OP(MD) No.17846 of 2017 Date :22/12/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-RR-SAR 3/27.12.2017/2P-6C