M. Malliga 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.22882 of 2018 1 M. MALLIGA 2 S. VIJAYA 3 S. SELVAM 4 S. POMMAYASAMY 5 B. LEGUMMAL 6 M. SUDEEP ... PETITIONERS / ACCUSED 1 to 6 Vs THE INSPECTOR OF POLICE ODAIPATTI POLICE STATION, THENI DISTRICT.

(CRIME NO. 183 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : C.JEGANATHAN for M/S.VEERA ASSOCIATES 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 petitioner, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 341, 323 and 379 IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime No.183 of 2018, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioners are said to have attacked the defacto complainant and snatched a chain from the defacto complainant and also made a false complaint before the respondent police and the same was registered in Crime No.183 of 2018.

3.The learned counsel for the petitioner submitted that the petitioners have been roped in by way of counter complaint. The issue is between the neighbours and the petitioner has lodged a complaint as against the defacto complainant in Crime No.182 of 2018 for the offence punishable under Sections 147, 148, 294(b), 448, 323, 324 and 506(2) IPC on 19.12.2018 at about 06.00 a.m, This https://hcservices.ecourts.gov.in/hcservices/

complaint against these petitioners in Crime No.183 of 2018 has been registered for the offence punishable under Sections 147, 294(b), 341, 323, 379 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002.

4.Considering the fact and circumstances of the case and also considering the fact that the petitioners and the defacto complainant are neighbours and the accused Nos.4 and 6 are students and the fifth accused is aged about 70 years old, and the nature of complaint as case in counter, 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 his/her appearance before the learned Judicial Magistrate No.I, Sivagangai and on 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for the purpose of interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.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 THENI DISTRICT 3 THE INSPECTOR OF POLICE ODAIPATTI POLICE STATION, THENI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S..VEERA ASSOCIATES Advocate SR.No.24176 ORDER IN CRL OP(MD) No.22882 of 2018 Date :27/12/2018 MSI/JC/SAR-IV/04.01.2019-2P/6C https://hcservices.ecourts.gov.in/hcservices/