Gomathy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12321 of 2018 GOMATHY ... PETITIONER /SOLE ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE KURUVIKULAM POLICE STATION, KURUVIKULAM, TIRUNELVELI DISTRICT Crime No.220 of 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.V.SELVA Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 11.07.2018 for the offences punishable under Sections 294(b), 427, 448 and 506(ii) I.P.C @ Section 3 of TNPPDL Act, in Crime No.220 of 2018 on the file of the respondent police. She seeks bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.Side) for the respondent. 3.It is seen that the value of damage is Rs.1,000/-(Rupees one thousand only). The petitioner is a lady aged about 43 years. She is not having any previous case. Taking note of the facts and circumstances and also the period of incarceration, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

(i) 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 learned Judicial Magistrate, Sankarankovil.

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(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)the petitioner shall not abscond.

(iv)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/- 19/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, SANKARANKOVIL.

2.THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE, KURUVIKULAM POLICE STATION, KURUVIKULAM, TIRUNELVELI DISTRICT.

4.THE SUPERINTENDENT, CENTRAL JAIL,PALAYAMKOTTAI,TIRUNELVELI.

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

+1. CC to Mr.V.SELVA Advocate SR.No.13495

ORDER

IN CRL OP(MD) No.12321 of 2018 Date :19/07/2018 TK/MMS/ASVM/19.07.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/