Chinnaponnu@Pothum Ponnu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.22861 of 2018 CHINNAPONNU @ POTHUM PONNU ... PETITIONER / ACCUSED RANK NO.2 Vs STATE REP. BY THE INSPECTOR OF POLICE, KALAYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.713/2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.SARAVANAKUMAR 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 petitioner, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 447, 427, 323 and 506(ii) I.P.C, in Crime No.713 of 2018 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that there was a dispute arose between the petitioner and the defacto complainant with regard to the boundary stone, due to which, the petitioner and her husband thrown stones against the defacto complainant and abused him with filthy language. Hence the complaint.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate [Criminal Side] appearing for the respondent.

4. According to the petitioner, she is an innocent and she has not committed any offence as alleged by the prosecution. She has been falsely implicated in this case.

5.The learned Government Advocate (Crl.side) submitted that the injured sustained only simple injury, there is no previous case pending against the petitioner herein.

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6. Considering the facts and circumstances of the case and also considering the fact that the dispute arose on account civil dispute and the injured sustained simple injury, this Court is inclined to grant Anticipatory Bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate Court No.I, Sivagangai and on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate Court No.I, Sivagangai concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30.am., until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.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/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, KALAYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.S.SARAVANAKUMAR Advocate SR.No.24114

ORDER

IN CRL OP(MD) No.22861 of 2018 Date :27/12/2018 JM/PN/SAR 2/03.01.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/