BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.14197 of 2011 1 JOTHIMANI 2 BALASUNDARI ... PETITIONERS/ACCUSED NOS.1&2 Vs STATE REP BY THE SUB INSPECTOR OF POLICE TALLAKULAM POLICE STATION, MADURAI DISTRICT CRIME NO. 1786/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. E.SOMASUNDARAM Advocate For Respondent : Mr.K.S.DURAI PANDIAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are accused in Crime No.1786 of 2011 on the file of the respondent police for offences under Sections 392 r/w 397 and 506(ii) IPC. The alleged occurrence was on 22.09.2011, they were arrested on the same day. They have come forward with this petiton seeking bail. 2.According to the case of the prosecution, on the date of occurrence , these two accused by brandishing knife, snatched away a sum of Rs.240/- and a cell-phone from the de-facto complainant. On the complaint of the victim, the present case was registered and thereafter, these two accused were arrested. Now, the said amount as well as the cell-phone have been recovered from the accused. 3.The learned Additional Public Prosecutor would submit that the petitioners have got five and six cases to their credit respectively. According to him, if bail is granted to these petitioners at this stage, it will hamper the further investigation. Thus, according to the learned Additional Public Prosecutor, the petitioners do not deserve for the grant of bail. 4.The learned counsel for the petitioners would refute this contention. According to him, consistently, the respondent https://hcservices.ecourts.gov.in/hcservices/ police is harassing the petitioners and as a matter of fact, during the month of July 2011, the petitioners were taken into illegal custody by the respondent police and a Habeas Corpus Petition was filed before this Court on 21.07.2011 by the Mother of the petitioners for their release and on the same day, according to the learned counsel, the police rushed to the house of the petitioners and assured that there will be no such harassment in future and because of that assuranace, the Habeas Corpus Petition was withdrawn. Because of the filing of the said Habeas Corpus Petition , according to the learned counsel, this false complaint has been foisted against the petitioners after two months that is on 22.09.2011. 5.I have considered the above submissions. 6.A Coy of the order made in H.C.P.No.457 of 2011 has been filed before this Court for perusal and the same would go to show that it was filed on 21.07.2011 and the same was not pressed on the same day. The averments maade in the said petition would go to show that the petitioners were repeatedly enquired under the guise of investigation. It was only two months thereafter, as pointed out by the learned counsel, the present case was registered and the petitioners were taken into custody. This prima facie shows that the petitioners have been falsely implicated in this case. According to the learned counsel, the petitioners being women, have got minor children, aged about 3 and 4 years repsectively, are suffering a lot. This submission also deserves for consideration. 7.Having regard to the facts and circumstances of the case, I am inclined to grant bail to the petitioners, but with stringent conditions. 8.In the result, this petition is ordered and bail is granted to the petitioners on the following conditions:- (i) The petitioners shall be enlarged on bail on their 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 Judicial Magistrate No.II, Madurai and (ii) The Petitioners shall report before the All Women Police Station, Thallakulam, everyday at 10.30 a.m. for a period of four weeks. sd/- 01/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. https://hcservices.ecourts.gov.in/hcservices/ TO 1.THE JUDICIAL MAGISTRATE NO.II MADURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3.THE OFFICER-IN-CHARGE SUB JAIL FOR WOMEN NILAKOTTAI 4.THE OFFICER-IN-CHARGE ALL WOMEN POLICE STATION THALLKULAM, MADURAI DISTRICT 5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 6.THE SUB INSPECTOR OF POLICE TALLAKULAM POLICE STATION, MADURAI CITY +1. CC to M/S. E.SOMASUNDARAM Advocate SR.No.37406 rl/8c – 3.11.2011 ORDER IN CRL OP(MD) No.14197 of 2011 Date :01/11/2011 https://hcservices.ecourts.gov.in/hcservices/