Madras High CourtCRL OP(MD)/5158/2017ordered

Mathiyas, v. The Inspector Of Police,

2017-04-26Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.5158 of 2017 MATHIYAS, ... PETITIONER / SOLE ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE, ARUGANI POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO.22/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.SIVAKUMAR Advocate For Respondent : M/S.S.PRABHA, Government Advocate(Criminal Side), PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is the sole accused, in Crime No.22 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), 323 of I.P.C and Section 4 Tamil Nadu Prohibition of Harassment of Women 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 learned Government Advocate(Crl. Side)appearing for the respondent on instructions submitted that while fetching water in a tap, there was a wordy quarrel and in which, the petitioner is said to have assaulted the defacto complainant causing injuries. She further submitted that the injured was discharged from the hospital.

4. Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital, 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 his appearance before the learned Judicial Magistrate No:1, Kuzhithurai and on his 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 https://hcservices.ecourts.gov.in/hcservices/

comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5. 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/- 26/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO I KUZHITHURAI, KANYAKUMARI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, ARUGANI POLICE STATION, KANYAKUMARI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.SIVAKUMAR Advocate SR.No.21163

ORDER

IN CRL OP(MD) No.5158 of 2017 Date :26/04/2017 SVA/CM/MSA/28.04.2017/SAR4/2P/6C https://hcservices.ecourts.gov.in/hcservices/