Kavitha, W/O.Muthukrishnan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22498 of 2018 1 KAVITHA 2 AJITHKUMAR 3 SUMATHI ... PETITIONERS / ACCUSED 1 to 3 Vs STATE REP. BY THE INSPECTOR OF POLICE, B2, KEELAVALAVU POLICE STATION, MELUR TALUK, MADURAI DISTRICT.

(CRIME NO.340 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.A.V.ARUN, Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 506(i) of IPC, r/w. Section 4 of TNPHW Act, in Cr.No.340 of 2018 seek anticipatory bail.

2.The case of the prosecution is that since the dog of the petitioners bite the defacto complainant, there was a quarrel arose between them. At that time, the petitioners abused and assaulted the defacto complainant. Hence, he sustained injuries. 3.The learned counsel for the petitioners would submit that a false case has been foisted against them and they have nothing to do with the alleged crime.

4.The learned Government Advocate (Crl. Side) submits that the petitioners assaulted the defacto complainant.

5.Taking into consideration the facts of the case, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Melur, Madurai District, on condition that the petitioners shall execute 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 said Magistrate, on further condition that:

[a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioners shall report before the respondent police as and when required for interrogation [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 02/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT.

2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, B2, KEELAVALAVU POLICE STATION, MELUR TALUK, MADURAI DISTRICT.

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

+1. CC to MR.A.V.ARUN Advocate SR.No.23.

ORDER

IN CRL OP(MD) No.22498 of 2018 Date :02/01/2019 AMS/VR/S-2/04.01.2019/3P/6C