Madras High CourtCRL OP(MD)/6046/2016disposed of

Meenachi v. The Inspector Of Police

2016-04-07Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventh day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.6046 of 2016 MEENACHI ... PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE KARUR TOWN POLICE STATION, KARUR.IN CRIME NO. 324 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.GOKULRAJ Advocate For Respondent : MRS.S.PRABHA Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehended arrest at the hands of the respondent Police for the alleged offences punishable under Sections 294(b), 323, 324 and 506(ii) I.P.C., (*)Section 4 of Women Harassment Act, in Crime No.324 of 2016, on the file of the respondent Police, seeks anticipatory bail.

2. Heard Mr.G.Gokulraj, learned counsel appearing for the petitioner / first accused and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3. It is the case of the prosecution that the de facto complainant and the petitioner / first accused are neighbors and that there was a quarrel between them, in which it is alleged that the petitioner's brother Venkatesan (third accused) had assaulted the de facto complainant.

4. Taking into consideration the fact that the third accused in this case has been arrested and remanded to judicial custody and nature of allegations made against the petitioner / first accused, this Court is of the view that this is a fit case to grant anticipatory bail to her. Accordingly, she is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Karur, on condition that the petitioner / first accused shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two https://hcservices.ecourts.gov.in/hcservices/

sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioner / first accused shall report before the respondent Police as and when required for interrogation.

(ii)the petitioner / first accused shall not tamper with evidence or witness either during investigation or trial.

(iii)the petitioner / first accused shall not abscond either during investigation or trial.

(iv)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner / first accused in accordance with law as if the conditions have been imposed and the petitioner / first accused 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].

sd/- 07/04/2016 (*)AMENDED AS PER ORDER OF THIS HON'BLE COURT DATED 20/4/2016 AND MADE IN CRL.OP(MD)NO.6046/2015 BY PNPJ / TRUE COPY / Sd/- 20/04/2016 (*)THE TIME ALREADY GRANTED FOR FURNISHING SURETIES IS EXTENDED BY 15 DAYS FROM THE DATE OF RECEIPT OF THE AMENDED COPY OF THE ORDER.

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO To be substituted the order copy already despatched 1 THE JUDICIAL MAGISTRATE NO.I,KARUR 2 THE CHIEF JUDICIAL MAGISTRATE,KARUR 3 THE INSPECTOR OF POLICE KARUR TOWN POLICE STATION,KARUR.

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

+1. CC to M/S S.GOKULRAJ Advocate SR.No.19736

ORDER

IN CRL OP(MD) No.6046 of 2016 Date :07/04/2016 AA/SKS-RR/SAR-I/13.04.2016/2p-6c GJM/AN/MP/AR-I-26.4.20-16-2P-6C https://hcservices.ecourts.gov.in/hcservices/