P.Indhira v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Tenth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14209 of 2018 P.INDHIRA ... PETITIONER / ACCUSED NO.

Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, VALLIYOOR, TIRUNELVELI DISTRICT.

2 THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION, RADHAPURAM, TIRUNELVELI DISTRICT.

CRIME NO.199 OF 2016 ...RESPONDENTS 1&2/COMPLAINANTS 3 P.SUDDALAI ... 3rd RESPONDENT / DE-FACTO COMPLAINANT For Petitioner : Mr.S.MICHEAL HELDON KUMAR Advocate For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 149, 294(b), 120(b), 323 of I.P.C. and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST amendment Act, 2015, in Crime No.199 of 2016, seeks anticipatory bail.

2.The case of the prosecution is that on 11.12.2016 at 08.45 p.m. When the defacto complainant proceeded in his two wheeler to ration shop, the petitioner and others came and hit the complainant with the wood on his head and sustained injury. Hence, a complaint has been registered.

3.Heard the learned counsel appearing for the petitioner, who would submit that no such occurrence as alleged had been taken place and the complaint has been given due to personal vengeance and he has been falsely implicated in this case.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor submitted that the

injured has been discharged from the hospital. 5.Considering the fact that the injured has been discharged from the hospital and except the SC/ST Act, other offences are not serious in nature, 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 arrest or on his appearance before the learned Additional District Judge No.II cum P.C.R. Court, Tirunleveli and on his 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 Judge concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 6.The petitioner 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/- 10/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, ARUL Madurai - 625 023. TO THE ADDITIONAL DISTRICT JUDGE NO-II, CUM P.C.R.COURT, TIRUNELVELI.

2 THE DEPUTY SUPERINTENDENT OF POLICE, VALLIYOOR, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION, RADHAPURAM, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.S.MICHEAL HELDON KUMAR Advocate SR.No.15423 PS/MMS/SAR-4:21/08/2018:2P/6C

ORDER

IN CRL OP(MD) No.14209 of 2018 Date :10/08/2018 https://hcservices.ecourts.gov.in/hcservices/