Mohana Priya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.17332 of 2016 MOHANA PRIYA ... PETITIONER / SOLE ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT IN CRIME NO.447/2016 ... RESPONDENT / COMPLAINANT For Petitioner :Mr.SULTHAN BASHA for M/S.AJMAL ASSOCIATES Advocate For Respondent : Mr.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner, who apprehends arrest at the hands of respondent police for offences punishable under Section 188 IPC and Section 8 of Juvenile Justice (Care and Protection) Act, 2000 in Cr.No.447 of 2016 on the file of the respondent police prays for grant of anticipatory bail.

2. The case of the prosecution is that petitioner beat a six year old child with stick.

3. Learned counsel for petitioner submitted that a false case of beating of child being 6 years old and a student of II standard, in which petitioner is a teacher has been preferred by the defacto complainant, who was advised by the school authorities against seeking transfer in the middle of the year.

4. Heard learned Government Advocate (Crl. Side) on the said submissions.

5. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate, Manamadurai within 15 days from the date of receipt of copy of the order, (i) petitioner shall be enlarged on bail on his executing a https://hcservices.ecourts.gov.in/hcservices/

personal bond for Rs.10,000/- with two sureties for the like sum to their satisfaction;

(ii) petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer; and (iii) If the respondent requires interrogation of petitioner, such interrogation shall be held at the residence of petitioner in the presence of atleast one woman police personnel. sd/- 15/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE MANAMADURAI, SIVAGANGAI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.AJMAL ASSOCIATES Advocate SR.No.52676 JAM/pv/SAR I/23.09.16/ 2P-6C

ORDER

IN CRL OP(MD) No.17332 of 2016 Date :15/09/2016 https://hcservices.ecourts.gov.in/hcservices/