Thavamani, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6685 of 2017 1 THAVAMANI 2 THALAI AMMAL ... PETITIONERS / ACCUSED NO.2 & 4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT.
(CR.NO.39/2017) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.C.MANIKANDAN Advocate For Respondent : MR.A.RAMAR Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.2 and 4 in Crime No.39 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 451 and 506(i) of IPC r/w. Sections 7 and 8 of POCSO Act, 2012 and hence, seek anticipatory bail.
2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State. 3.The case of the prosecution is that the petitioners are A2 and A4 and that son of the first petitioner herein entered into the house of the defacto complainant and tried to misbehave with the defacto complainant's daughter. Thereafter, when the victim's family members came to the petitioners' house , there was a wordy quarrel between them.
4.Considering the facts and circumstances of the case and also considering the fact that though the first accused is said to have committed a serious offence, the other accused are only parent and relatives, who are nothing to do with the offence, except the wordy quarrel, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners https://hcservices.ecourts.gov.in/hcservices/
are ordered to be released on bail in the event of arrest or on their appearance before the learned District and Sessions Judge (Mahila Court), Madurai and on their 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 shall appear before the respondent police as and when required, for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
5.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 stands dismissed.
sd/- 06/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE DISTRICT AND SESSIONS JUDGE (MAHILA COURT), MADURAI.
2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.23316
ORDER
IN CRL OP(MD) No.6685 of 2017 Date :06/06/2017 MKV-CM-SAR 2/14.6.2017/2P-5C https://hcservices.ecourts.gov.in/hcservices/