K.Kavitha v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.2728 of 2017 1 K.KAVITHA 2 S.SIVALAKSHMI 3 J.SAROJA 4 K.RAJAMANI ... PETITIONERS/ ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE, SHOLAVANDHAN CIRCLE, KADUPATTY POLICE STATION, KARUPATTY, MADURAI DISTRICT (IN CRIME NO. 278/2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.THIAGARAJAN Advocate For Respondent : M/S S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, in Crime No.278 of 2016 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b), 323, 307 of I.P.C @ under Sections 147, 148, 341, 294(b), 323 and 302 of I.P.C and hence, seek anticipatory bail.
2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The case of the prosecution is that the elder son of the defaco complainant got married with one Annakaruppaee. Out of the wedlock, a male child was born to them. Thereafter, due to misunderstanding, the said Annakaruppayee left the matrimonial home and on the date of occurrence, ie., on 20.12.2016, the accused persons went to the house of the defacto complainant and abused his elder son with filthy language and attacked him causing injuries and immediately, he was taken to the hospital, but he succumbed to the injuries.
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4. The learned counsel appearing for the petitioners submitted that the petitioners are nothing to do with the alleged occurrence and they have been falsely implicated in this case.
5. The learned Government Advocate(Crl. Side) filed a counter affidavit stating that the preliminary investigation in this case, makes out a case against the petitioners and in case of granting anticipatory bail to the petitioners, stringent conditions may be imposed.
6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Vadipatti, Madurai District and on each of them executing 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 15/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, VADIPATTI.
2.DO THROUGH THE CHIEF JDUICIAL MAGISTRATE,MADURAI. 3.THE INSPECTOR OF POLICE, SHOLAVANDHAN CIRCLE,KADUPATTY POLICE STATION, KARUPATTY, MADURAI DISTRICT 4.ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.G.THIAGARAJAN Advocate SR.No.15382 ORDER IN CRL OP(MD) No.2728 of 2017 Date :15/03/2017 MS/CM.MSA/SAR.3/17.03.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/