Kathiresan Poosari v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12787 of 2018 1 KATHIRESAN POOSARI 2 ARIAM POOSARI ... PETITIONER/ACCUSED Nos.1 & 2 Vs THE STATE REP.BY THROUGH, THE INSPECTOR OF POLICE, IRUKKANGUDI POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT.
IN CR NO. 169 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : MR.T.S.MOHAMED MOHIDEEN, Advocate For Respondent : MR.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent Police for the offences under Sections 447, 294(b), 353 I.P.C and Section 4 of Women Harassment Act in Crime No.169 of 2018 and seek anticipatory bail.
2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent. 3.The learned Government Advocate (Crl. side) opposes the grant of anticipatory bail by pointing out that the Executing Officer of the temple in question, who is a woman, has been abused by the petitioner herein. It is seen that there is a long standing dispute in this regard. The petitioners have earlier filed a case against the de facto complainant.
4.Taking note of all these aspects, 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 the event of arrest or on their appearance before the learned Judicial Magistrate Magistrate, Judicial Magistrate Court, Sattur and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten https://hcservices.ecourts.gov.in/hcservices/
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 petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
5.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 shall stand dismissed.
sd/- 25/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, SATTUR, VIRUDHUNAGAR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, IRUKKANGUDI POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MR.T.S.MOHAMED MOHIDEEN, Advocate SR.No.14028
ORDER
IN CRL OP(MD) No.12787 of 2018 Date :25/07/2018 PK/RR/SAR-4/02.08.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/