Madras High CourtCRL OP(MD)/18039/2017ordered

Sarojini v. The Inspector Of Police,

2018-01-10Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.18039 of 2017 1 SAROJINI 2 AJITH @ KUPPUSAMY 3 REKHA ... PETITIONERS / ACCUSED Nos.1 to 3 Vs 1 STATE THROUGH THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT, CRIME NO.250/2017 ... RESPONDENT / COMPLAINANT 2 LINGAMMAL ... RESPONDENTS / DEFACTO - COMPLAINANT For Petitioners : Mr.C.BETHANASAMY Advocate For Respondent : M/S S.BHARATHI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 323, 324, 336 and 506(ii) IPC, read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.250 of 2017, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 22.12.2017, due to wordy quarrel arose between the petitioners and the defacto complainant's family members, the petitioners said to have pelted stones on the defacto complainant, caused severe injury and also made life threat to him. Hence, the present case has been registered for the above said offences.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that they have been falsely implicated in this case.

4. The learned Government Advocate (Criminal side) appearing for the respondent on instructions, would submit that the injured has been discharged from the hospital and investigation is still pending.

5. The submissions made by the learned counsel on either side are considered. This case has been registered against the petitioners for the offence under Sections 294(b), 323, 324, 336 and 506(ii) IPC, read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. According to the prosecution, the person who sustained injury during the time of alleged occurrence is discharged after completing treatment. Accordingly, custodial interrogation is not necessary for completing the investigation. Therefore, considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

The petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Kamuthi, Ramanathapuram District, on condition that the petitioners shall execute a bond for a sum of Rs.

(i) the petitioners shall report before the investigation officer, daily at 10.00 a.m., for a period of three weeks and thereafter as and when required for interrogation;

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioners shall not commit any offence while on bail;

(iv) the petitioners shall not abscond either during investigation or trial;

(v) 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 as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate / Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs State of Kerala [(2005) AIR SCW 5560].

sd/- 10/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KAMUTHI, RAMANATHAPURAM DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.C.BETHANASAMY Advocate SR.No.493 JAM/12/01/2018/RR/ SAR 3/ 3P-6C

ORDER

IN CRL OP(MD) No.18039 of 2017 Date :10/01/2018