M.Arumugam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.18573 of 2016 M.ARUMUGAM ... PETITIONER/2ND ACCUSED Vs THE STATE THROUGH THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

CRIME NO.396 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.C.DEEPAK Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. 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), 323, 355 and 506(i) IPC in Crime No.396 of 2016 on the file of the respondent police.

2. The case of the prosecution is that the accused did not repay the amount, for which they have purchased dress from the defacto complainant and on questioning the same, they scolded with filthy language and threatened with dire consequences.

3. Learned counsel for petitioner submits that a false case has been foisted against the petitioner.

4. Learned Government Advocate (Crl.Side)submits that injured has been discharged from the hospital and A1 was arrested and enlarged on bail.

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, Rajapalayam, 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 him from disclosing such facts to the Court or to any Police Officer;

(iii)the petitioner, being a lady, shall appear before the concerned Court once in a week i.e on every Monday at 10.30. a.m until further orders.

sd/- 04/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,RAJAPALAYAM.

2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC TO M/S.C.DEEPAK, ADVOCATE IN SR.NO.59629 CM CSL/SKS-RR/SAR-II/07.10.2016: 2P/6C

ORDER

IN CRL OP(MD) No.18573 of 2016 Date :04/10/2016 https://hcservices.ecourts.gov.in/hcservices/