Thangamani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice N.AUTHINATHAN CRL OP(MD) No.5563 of 2017 1 THANGAMANI 2 DHANALAKSHMI ... PETITIONERS / ACCUSED 1 & 2 Vs STATE, REPRESENTED BY THE INSPECTOR OF POLICE MADUKKUR POLICE STATION, THANJAVUR DISTRICT CRIME NO. 75/2017 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.DEENADHAYALAN Advocate For Respondent : Mr.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324, 355 IPC and Section 4 of Women Harassment Act in Crime No.75 of 2017 on the file of the respondent police, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the State. 3.It is alleged that the petitioners are the father-in-law and mother-in-law respectively of the defacto complainant and they illtreated her and slapped her. 4.The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case, due to some misunderstanding.

4.The learned Government Advocate (Crl.Side) submits that the petitioners attacked the defacto complainant and they are in-laws. 5.Having regard to the fact that the petitioners are the father-in-law and mother-in-law respectively of the victim and considering the age of the petitioners and keeping in view the relationship of the parties, this Court is inclined to grant https://hcservices.ecourts.gov.in/hcservices/

anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pattukkottai on condition that each of the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 04/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PATTUKKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM 3 THE INSPECTOR OF POLICE MADUKKUR POLICE STATION, THANJAVUR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to Mr.S.DEENADHAYALAN Advocate SR.No.21866 JAM/05.05.17/BS/SAR 4 2P-6C

ORDER

IN CRL OP(MD) No.5563 of 2017 Date :04/05/2017 https://hcservices.ecourts.gov.in/hcservices/