P.Selvi, W/O.M.Periyasamy, v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of May Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD) No.7934 of 2018 1 P.SELVI 2 M.MUTHUMANIKAM ... PETITIONER/ACCUSED No.3&4 Vs STATE THROUGH, THE SUB INSPECTOR OF POLICE DEVADHANAPATTI POLICE STATION, THENI DISTRICT.

(CRIME NO.561 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioners : M/S.R.VENKATESAN, Advocate For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU, 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 alleged offences under Sections 294 (b), 354, 506 (ii) IPC & Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002, in Crime No.561 of 2017, seek anticipatory bail.

2.The case of the prosecution is that on 02.12.2017, the accused persons abused, attacked and threatened the defacto complainant, due to which, the defacto complainant sustained injuries and was hospitalized and hence the complaint came to be registered.

3.The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Moreover, they were already granted anticipatory bail by the learned Principal Sessions Judge, Theni, in Cr.M.P.No.4057 of 2017 on 11.12.2017, however, the same was cancelled, since the petitioners were not able to produce the sureties.

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4.Learned Government Advocate submitted that the defacto complaint has been discharged from hospital.

5.Considering the facts and circumstances of the case and also taking note of the fact that the injured was discharged from hospital, this Court is inclined to grant the relief of anticipatory bail to the petitioners.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Magistrate concerned within a period of 10 days from the date of receipt of a copy of this order, on executing a separate 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 Judicial Magistrate, Periyakulam, or to the satisfaction of the respondent police or the police officer who intends to arrest and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m for two weeks and thereafter, as and when required for interrogation.

sd/- 16/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THENI DISTRICT.

2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, THENI DISTRICT.

3 THE SUB INSPECTOR OF POLICE, DEVADHANAPATTI POLICE STATION, THENI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.VENKATESAN, Advocate SR.No.8518

ORDER

IN CRL OP(MD) No.7934 of 2018 Date :16/05/2018 PK/RR/VK/18.05.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/