Micheal Mariya Jociy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4777 of 2017 MICHEAL MARIYA JOCIY ... PETITIONER/ ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, RAMANATHAPURAM DISTRICT, IN CRIME NO.251 OF 2017 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.J.M.HASSANUL BAZARI 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 petitioner, who is arrayed as accused No.2 in Crime No.251 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) and 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The case of the prosecution is that while fetching water from the public tap, there was a wordy quarrel between the petitioner and the defacto complainant. Hence, the present complaint. 4.The learned Government Advocate(Crl. Side) on instructions would submit that A1 was arrested and still in custody and that there is no previous case against the petitioner. 5.The learned counsel appearing for the petitioner states that the petitioner is innocent and she has nothing to do with the alleged occurrence.

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6.Considering the facts and circumstances of the case and also considering the fact that the petitioner has no previous case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Paramakudi and on her 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 petitioner shall appear before the respondent police as and when required, for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioner 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/- 20/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3.THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.J.M.HASSANUL BAZARI Advocate SR.No.20726

ORDER

IN CRL OP(MD) No.4777 of 2017 Date :20/04/2017 MS/PM.PN/SAR.3/24.04.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/