Allowed

Kavitha v. the Inspector of Police

Madras HC19 Aug 2013CRL OP(MD)/13364/2013

Case brief

AI extract

What is this about?

In an anticipatory bail petition under Section 438 Cr.P.C., the Madurai Bench granted bail to the petitioner charged under Sections 294(b), 323, and 506(ii) IPC, noting that the investigation was over and she had not absconded, subject to conditions and appearance before the Magistrate.

What did the court decide?

Petitioners to be released on bail via bond of Rs.10,000 each with two sureties and daily reporting until further orders.

Kavitha Vs the Inspector of Police — Anticipatory Bail | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Monday, the Nineteenth day of August Two Thousand Thirteen

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PRESENT The Hon`ble Ms.Justice R.MALA

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CRL OP(MD) No.13364 of 2013

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1.KAVITHA 2 SUNDARRAJ

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... PETITIONER / ACCUSED A2 & A3

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THE STATE REP.BY THE INSPECTOR OF POLICE THIRUVEGAMPUTHUR POLICE STATION, THIRUVEGAMPUTHUR, SIVAGANGAI DT, CRIME NO.131/2013

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... RESPONDENT / COMPLAINANT

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For Petitioner : M/S.S.MUTHUKUMAR Advocate

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For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioners apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(ii) of I.P.C., in Crime No.131 of 2013 on the file of the respondent police and hence, seek anticipatory bail.

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The learned counsel for the petitioners would submit that the petitioners were charged under Sections 294(b), 323 and 506(ii) of I.P.C. He further submitted that the petitioners are innocent persons and they have been falsely implicated in this case and hence, he prays for enlargement on anticipatory bail.

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The learned Government Advocate (Crl.side)would submit that the injured has already been discharged from the hospital and the investigation is considerably over and hence, he prays for dismissal of this application.

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Considering the rival submissions made by both sides and also considering the fact that the injured has already been discharged from the hospital and the investigation is considerably over and even though the petitioners were not arrested, neither they interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners, with certain conditions.

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https://hcservices.ecourts.gov.in/hcservices/ 5. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the

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learned Judicial Magistrate, Devakottai and on each 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 petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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The petitioners 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 stands dismissed.

sd/-

19/08/2013

/ TRUE COPY /

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

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1.THE JUDICIAL MAGISTRATE DEVAKOTTAI.

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2.-DO-THRO' THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI.

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3.THE ADDITIONAL PUBLIC PROSECUTOR,

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MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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4.THE INSPECTOR OF POLICE

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THIRUVEGAMPUTHUR POLICE STATION, THIRUVEGAMPUTHUR, SIVAGANGAI DISTRICT.

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+1. CC to M/S.S.MUTHUKUMAR Advocate SR.No.41272 ORDER IN

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CRL OP(MD) No.13364 of 2013

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rg.23.08.2013 2p/6c.

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https://hcservices.ecourts.gov.in/hcservices/

Kavitha v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Kavitha v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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