Kannan, S/O.Dhanushkodi, v. The Sub Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14424 of 2018 1.KANNAN 2.ALAGAMMAL ...PETITIONERS / ACCUSED 1 and 3 Vs THE SUB INSPECTOR OF POLICE, PALANICHETTIPATTI POLICE STATION, THENI DISTRICT.
Crime No.441 of 2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.K.APPADURAI 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 petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 353 and 506(ii) I.P.C in Crime No.441 of 2018, seek anticipatory bail. 2.The case of the prosecution is that in the night hours of 02.08.2018, the wife of the first petitioner gave birth to a baby in his house. On hearing the same, the defacto complainant who is a doctor attached to Government Primary Health Centre, Boothipuram is said to have visited the house and directed the wife of the first petitioner to get admitted in the hospital to avoid infection and for taking treatment. When the same was refused by the petitioners, the defacto complainant lodged a complaint.
3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons. They did not commit any offence as alleged by the prosecution. Hence, he prays for anticipatory bail.
4.Heard the learned Additional Public Prosecutor appearing for the respondent.
5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain https://hcservices.ecourts.gov.in/hcservices/
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, Theni and on their 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 on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.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/- 14/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, THENI.
2.THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
3.THE SUB INSPECTOR OF POLICE, PALANICHETTIPATTI POLICE STATION, THENI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.K.APPADURAI Advocate SR.No.15556
ORDER
IN CRL OP(MD) No.14424 of 2018 Date :14/08/2018 TK/PN/SAR.4/20.08.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/