← Library
Madras High CourtCRL OP(MD)/12445/2019partly allowed

Kannayiram v. The Inspector Of Police

2019-09-06Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.12445 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/09/2019 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12445 of 2019 1.Kannayiram 2.Ramalakshmi ... Petitioners/Accused No.1 and 3 Vs The State through The Inspector of Police, Abiramam Police Station, Ramnad District.

Crime No.134/2019 ... Respondent/Complainant For Petitioners : M/s.S.J.Chakkaravarhy, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.134/2019 on the file of the respondent police .

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and learned Government Advocate(Crl. Side) appearing for the respondent. 2.The petitioners apprehend arrest at the hands of the respondent for the offences under Sections 294(b), 323, 324, 336, 506(2) of IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002 in Crime No.134 of 2019. Hence, they seek anticipatory bail.

3.There is a matrimonial dispute between A2-Kalaiselvi and her husband who is the brother of the defacto complainant. On the occurrence date, the accused are said to have attacked the three victims causing them head injures. The first petitioner-Kannayiram had hit the defacto complainant with rod. The second petitionerRamalakshmi is also said to have thrown a stone on Muthukumar. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12445 of 2019 4.The learned counsel appearing for the petitioners states that kannayiram/A1 will surrender before the respondent on 09.09.2019 at 10.30 a.m.

5.The second petitioner is a lady. She had hit Muthukumar only by picking up stone that was lying on the ground. It indicates that she did not have any prior design to attack Muthukumar. Muthukumar came there by only chance.

6.Taking note of these aspects, anticipatory bail is granted to the second petitioner-Ramalakshmi. It dismissed as regards first petitioner.

7.Accordingly, the second petitioner/A3 is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, kamuthi and on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the second petitioner/A3 shall appear before the respondent police as and when required for interrogation. The second petitioner/A3 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

8.The second petitioner/A3 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/- 06/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, KAMUTHI.

2.THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT. 3.THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION,RAMNAD DISTRICT.

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

+1. CC to Mr.S.J.CHAKKARAVARHY Advocate SR.No.15015

ORDER

IN CRL OP(MD) No.12445 of 2019 Date :06/09/2019 TK/SKN/SAR.4/16.09.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2