Poosadurai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.7459 of 2017 1 POOSADURAI 2 RATHI ... PETITIONER/ACCUSED Nos.1 and 2 Vs STATE REP BY THE INSPECTOR OF POLICE THIRUVEGAMPATHUR POLICE STATION, SIVAGANGAI DISTRICT (CRIME NO.125 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.M.SANJAY 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, in Crime No.125 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 of I.P.C., and Section 4 of TNPWH Act 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 the husband and wife and the de-facto complainant is the second petitioner's brothers wife and due to family dispute, the petitioners abused the de-facto complainant with filthy language and threatened her with dire consequences.
4. The learned counsel for the petitioners would submit that the petitioners and the de-facto complainant are close relatives and they have not committed any offence as alleged by the prosecution.
5. Considering the facts and circumstances of the case and also considering the fact that the petitioners and the de-facto complainant are close relatives, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in https://hcservices.ecourts.gov.in/hcservices/
the event of arrest or on their appearance before the learned Judicial Magistrate, Devakoatti and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the first petitioner shall report before the respondent police once in a week ie., on every Monday at 10.30 a.m. until further orders and the second petitioner shall appear before the respondent police as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6. 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/- 19/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE THIRUVEGAMPATHUR POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.M.SANJAY Advocate SR.No.24670
ORDER
IN CRL OP(MD) No.7459 of 2017 Date :19/06/2017 SMA/RR-BS/SAR-4/21.06.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/