Murugeswari, 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.12770 of 2018 MURUGESWARI ... PETITIONER / ACCUSED No.1 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, THIRUVADANAI POLICE STATION, RAMNAD DISTRICT.

Crime No.93 of 2018 ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.R.SENTHIL KUMAR 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 arrayed as accused No.1. He was arrested and remanded to judicial custody on 02.07.2018 for the offences punishable under Sections 341, 294(b), 324 and 506(ii) of IPC in Crime No.93 of 2018, on the file of the respondent police. He seeks bail.

2.The learned Government Advocate (Crl. Side) points out that the petitioner inflicted the very grave and grievous injury on the victim and the victim is still facing treatment for amputation of his leg and admitted in hospital. The petitioner's husband is in abroad and the case was registered on either side. 3.The learned counsel for the petitioner would contended that when the petitioner was attacked by the defacto complainant as a measure of defence she had used the weapon in question and by mistake the defacto complainant got injury in the process. She is in jail and she is having two school going children. 4.Taking note of the fact that the petitioner is having two school going children, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions; https://hcservices.ecourts.gov.in/hcservices/

(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, Tiruvadanai.

(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)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/- 25/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, TIRUVADANAI.

2.THE CHIEF JUDICIAL MAGISTRATE, RAMNAD DISTRICT.

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

4.THE SUPERINTENDENT, CENTRAL JAIL FOR WOMEN,MADURAI.

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

+1. CC to Mr.R.SENTHIL KUMAR Advocate SR.No.13996

ORDER

IN CRL OP(MD) No.12770 of 2018 Date :25/07/2018 TK/MMS/VK/25.07.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/