Arul Mary, W/O.Kuzhanthai, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Second day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.22134 of 2016 1 ARUL MARY 2 MARIA AROKIYAM ... PETITIONERS/ACCUSED 2 & 3 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, THONDI POLICE STATION, RAMNAD DISTRICT.

CR.NO. 257 OF 2016 ... RESPONDENT/COMPLAINANT FOR PETITIONERS : M/S.D.VENAKTESH, ADVOCATE FOR RESPONDENT : Mrs.S.PRABHA, GOVERNMENT ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 448, 294(b), and 506(i) IPC r/w Section 4 of TNPHW Act in Crime No.257 of 2016 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail. 2.

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent police.

3.

The case of the prosecution is that due to land dispute, the petitioners along with other accused are alleged to have scolded the defacto complainant in filthy language and also attacked her with sticks, which resulted in registration of the case. 4.

Learned counsel for the petitioners would submit that the petitioners have been falsely implicated in this case. A1 has already been arrested in this case.

5. Learned Government Advocate (Crl.Side) submitted that nobody sustained injury in the alleged occurrence.

6. Considering the facts and circumstances of the case and taking note of the fact that nobody sustained injury and also the fact that prime accused has been arrested, this Court is of the view that custodial interrogation of these petitioners is not necessary. Therefore, this Court is inclined to grant anticipatory bail to the petitioners.

7.

Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Thiruvadanai, subject to the following conditions:

(i) each of the petitioners 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 Magistrate concerned;

(ii) the petitioners shall report before the respondent police daily at 10.30 a.m. for one week and thereafter as and when required for interrogation; (iii) the petitioners shall not tamper with evidence or witness either during investigation or trial; (iv) the petitioners shall not abscond either during investigation or trial.

(v) on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the 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/- 22/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, THIRUVADANAI.

2. THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, THONDI POLICE STATION, RAMNAD DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.VENAKTESH Advocate SR.No. 71609

ORDER

IN CRL OP(MD) No.22134 of 2016 Date :22/11/2016 AR TE/MPA/SAR-I : 29/11/2016 : 2P/6C