Malathi, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19742 of 2016 1 MALATHI, 2 OYYAPPAN, 3 RAJAMMAL 4 PRABU, 5 GOVINDAN, 6 PALANI, ... PETITIONERS / ACCUSED No.1 to 6 Vs State THE INSPECTOR OF POLICE, KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT CR. NO. 404 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.KANNAN 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 :- The petitioners, who are arrayed as A1 to A6, apprehend arrest at the hands of the respondent Police for the alleged offence punishable under Sections 147, 294(b), 323 and 506(i) I.P.C., and Section 4 of T.N.P.H.W.Act, in Crime No.404 of 2016, on the file of the respondent Police and seek anticipatory bail.

2. The case of the prosecution is that the de facto complainant and the first petitioner are husband and wife and after their marriage, there was a misunderstanding between them and due to which the first petitioner returned to her parents' house and on 26.09.2016, when the petitioners went to the de facto complainant's house for conciliation, wordy quarrel arose between the parties and the petitioners herein abused the de facto complainant and his family members in filthy language and attacked them.

3. The learned counsel for the petitioners submitted that the petitioners are innocents, they have no connection with this case and they have been falsely implicated in this case.

4. It is submitted by the learned Government Advocate (Crl.Side) that this is a case and counter and the counter case has been registered in Crime No.402 of 2016, under Sections 294(b) and 323 I.P.C.

https://hcservices.ecourts.gov.in/hcservices/

5. Considering the submissions made by the learned Government Advocate (Crl.Side) and also considering the fact that this is a case and counter, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Sivagangai, and on each of them 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 petitioners 2, 4 to 6 shall appear before the respondent police, daily at 10.00 a.m., until further orders and the petitioners 1 and 3 shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners 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 would stand dismissed.

sd/- 14/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE, KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.KANNAN Advocate SR.No.60991 sm:sk-skn:SAR 1:19/10/2016:2P/6C

ORDER

IN CRL OP(MD) No.19742 of 2016 Date :14/10/2016 2/2 https://hcservices.ecourts.gov.in/hcservices/