Chellammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.22960 of 2016 CHELLAMMAL ... PETITIONER / ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE SINDHU PATTI POLICE STATION, MADURAI DISTRICT, CR NO. 256 OF 2016. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.VENKATASAMY Advocate For Respondent : MR.P.KANDASAMY Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324 and 506(ii) of the Indian Penal Code, in Crime No.256 of 2016 on the file of the respondent police, seeks anticipatory bail.

2. Counsel for the petitioner is present and the learned Government Advocate (Criminal side) appearing for the State is also present. Heard both sides.

3. The learned Government Advocate (Criminal side) states that the accused is said to have attacked the de facto complainant and his wife with iron rod and caused some injury.

4. The learned counsel for the petitioner states that the injured was discharged from the hospital. A-1 is in custody. The petitioner is the wife of A-1. It is also admitted that there is a case in counter in Crime No.257 of 2016 on the basis of the complaint given by A-1, the petitioner's husband.

4. Considering the above facts and circumstances of the case and also the fact that the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen https://hcservices.ecourts.gov.in/hcservices/

days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thirumangalam, on condition that 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 petitioner shall report before the Court concerned daily at 10:30 a.m., for a period of two weeks and thereafter, as and when required by the respondent police for interrogation. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 05/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGSTRATE,THIRUMANGALAM 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI 3 THE INSPECTOR OF POLICE SINDHU PATTI POLICE STATION, MADURAI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.VENKATASAMY Advocate SR.No.79186 GJM/SS2/SAR-I-8.12.16-2P-6C

ORDER

IN CRL OP(MD) No.22960 of 2016 Date :05/12/2016 https://hcservices.ecourts.gov.in/hcservices/