Gobieswaran v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13956 of 2023 Gobieswaran ... Petitioner/Sole Accused Vs State represented by The Sub Inspector of Police, Thandikudi Police Station, Dindigul District.

Crime No.103 of 2023.

... Respondent/Complainant For Petitioner : Mr.S.Muniyandi Advocate.

For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.103 of 2023 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/ Accused apprehends arrest at the hands of the respondent 1/4

police for the offences under Sections 294(b), 448, 353 of IPC, in Crime No.103 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 07.07.2023, the petitioner entered into the hospital and threatened the doctors and staffs to give details about the inpatients and the outpatients who are taking treatment at the hospital. The petitioner has also threatened the doctor who was on duty at the inpatient ward and abused him in filthy language. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent, she has been falsely implicated in this case and she has not committed any offence as alleged by the prosecution. The petitioner has also filed an undertaking affidavit stating that he will not make any trouble to the defacto complainant and others in future.

4. Learned Additional Public Prosecutor would submit that trouble has arisen in the hospital due to the petitioner's trespass into the inpatient ward and criminally threatened the doctors and staffs.

5. Considering the facts and circumstances of this case and also considering the undertaking affidavit filed by the petitioner, this Court is inclined to grant relief to the petitioner herein.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on her appearance, before the 2/4

learned Judicial Magistrate No.I, Kodaikanal, on condition that the petitioner 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 learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 of 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 is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 13/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO

1. The Judicial Magistrate No.I, Kodaikanal.

2. Do through the Chief Judicial Magistrate, Dindigul 3.The Sub Inspector of Police, Thandikudi Police Station, Dindigul District.

3/4

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S.RAMESH.C. Advocate SR.No.42817(F)

ORDER

IN CRL OP(MD) No.13956 of 2023 Date :13/09/2023 SSA/MGA/06.10.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4