S.Sathyapriya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.208 of 2022 S.Sathyapriya ... Petitioner/Accused No.4 Vs State rep.by The Inspector of Police, All Women Police Station, Theni, Theni District.

(Crime No.22 of 2021).

... Respondent/Complainant For Petitioner : M/s.Manickam.R, Advocate.

For Respondent : M/s.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 22 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 498(A) of IPC and 4 of Women Harassment Act, in Crime No.22 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the first accused and the defacto complainant are husband and wife. The first accused have illegal intimacy with petitioner and the same was questioned by the defacto complainant, at that time a wordy quarrel arose between

them, as a result of which, the petitioner along with the other accused abused the defacto complainant in filthy language and also assaulted her. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. The learned counsel for the petitioner further submitted that the petitioner is the Cousin sister of the first accused, the petitioner already got married and also got two children, in this moment she having suspect upon her husband as that he having illegal intimacy with petitioner/A4. 4.The learned Government Advocate(Crl.Side) appearing for the respondent police would submit that the investigation is yet to be completed.

5.Considering the facts and circumstances of the case and the nature of allegation levelled against the petitioner, this Court is inclined to grant bail to the petitioner, however, with stringent conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or her appearance, before the learned Additional Mahila Court Cum Judicial Magistrate Level, Theni, 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 the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

Sd/- 12/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE ADDITIONAL MAHILA COURT CUM JUDICIAL MAGISTRATE LEVEL, THENI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3. THE INSPECTOR OF POLIE, ALL WOMEN POLICE STATION, THENI, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.208 of 2022 Date :12/01/2022 SP/JM/SAR III/02/02/2022/3P/5C