Mahesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.17255 of 2016 MAHESH ... PETITIONER/3RD ACCUSED Vs STATE REP.BY , THE INSPECTOR OF POLICE BOOTHAPANDY POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO.348/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SANKAR Advocate For Respondent : MR.K.V.RAJARAJAN, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 294(b), 332 and 506(ii) of I.P.C., in Crime No.348 of 2015 on the file of the respondent police.

2.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

3.Learned Government Advocate (Crl. Side) submits that no one sustained injury in the alleged occurrence.

4.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, Boothapandy, Kanyakumari District within 15 days from the date of receipt of a copy of the order, (i) the petitioner shall be enlarged on bail on her executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the likesum to their satisfaction;

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(ii)the 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 her from disclosing such facts to the Court or to any Police Officer;

(iii)the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required.

sd/- 14/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, BOOTHAPANDY, KANYAKUMARI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE BOOTHAPANDY POLICE STATION, KANYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.SANKAR Advocate SR.No.52487 AKV CSL/DB/SAR-III/21.09.2016: 2P/6C

ORDER

IN CRL OP(MD) No.17255 of 2016 Date :14/09/2016 https://hcservices.ecourts.gov.in/hcservices/