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Madras High CourtCRL OP(MD)/23776/2016ordered

Kaleeswari, v. The Inspector Of Police,

2016-12-23Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23776 of 2016 KALEESWARI ... PETITIONER / ACCUSED No.2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, KARAIKUDI SOUTH POLICE STATION, SIVAGANGAI DISTRICT.

(IN CR.NO.346/2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.PALANIKUMAR 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 is arrayed as accused No.2 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b) , 324 and 506(ii) I.P.C and Section 4 of Women Harassment Act in Crime No.346 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The learned counsel for the petitioner states that the petitioner herein is A-2 and due to the family dispute between the petitioner and the defacto complainant, this case is falsely foisted against the petitioner herein. A-1 was arrested and remanded in judicial custody.

3.The learned Government Advocate (Crl.side) appearing for the respondents states that there is a case in counter in Cr.No.347 of 2016 on the basis of the complaint given by A-1. The alleged overt act against the petitioner is that she attacked the defacto complainant with a stick and stone and caused injury. He further states that the injured was discharged from the hospital.

4. Considering the above facts and circumstances of the case and also considering the fact that injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of here arrest or on her https://hcservices.ecourts.gov.in/hcservices/

appearance before the learned Judicial Magistrate, Karaikudi and on her 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 the petitioner shall appear before the respondent police daily at 10.30 a.m for a period of three weeks and thereafter as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

4. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 23/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE KARAIKUDI 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI 3 THE INSPECTOR OF POLICE, KARAIKUDI SOUTH POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.D.PALANIKUMAR Advocate SR.No.83466 JAM/03.01.2017/MPA-EM/SAR 2 2P-6C

ORDER

IN CRL OP(MD) No.23776 of 2016 Date :23/12/2016 https://hcservices.ecourts.gov.in/hcservices/