Sudha v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15027 of 2018 1 SUDHA 2 TAMILARASI 3 GAYATHRI ... PETITIONERS/ACCUSED No.1,2,3 Vs THE INSPECTOR OF POLICE, DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT CR NO.197 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : MR.S.SATHYA CHIDAMBARAM, Advocate For Respondent : MRS.M.ANANTHADEVI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 448, 294(b), 323, 506(i) and 379 I.P.C in Crime No.197 of 2018, seek anticipatory bail.
2.The case of the prosecution is that on 10.08.2018, the petitioners entered into the defacto complainant's house and assaulted the defacto complainant and used filthy language with dire consequence. Hence, the complaint.
3.The learned counsel appearing for the petitioners would submit that the second petitioner is the first wife of the defacto complainant's husband. That apart, due to previous enmity, some quarrel arose between the both parties. On that time, the first and third petitioners are trying to mediate both the parties. But the defacto complainant has given a false complaint. Hence, he prays for anticipatory bail to the petitioners.
4.Heard the learned Government Advocate (Crl.Side) appearing for the respondent.
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5.It is seen that the occurrence took place on 10.08.2018. But, the complaint loged on 14.08.2018. Further, it seems that the second petitioner is the first wife of the defacto complainant's husband. 6.Taking note of the facts and circumstances, 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, Devakottai, Sivagangai District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 conditions 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 shall stand dismissed.
sd/- 28/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI, SIVAGANGAI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MR.S.SATHYA CHIDAMBARAM Advocate SR.No.16272 ORDER IN CRL OP(MD) No.15027 of 2018 Date :28/08/2018 PK/RR/SAR-1/04.09.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/