S.Nagavalli v. The Inspector Of Police

CRL OP(MD). No.528 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.528 of 2020 S.Nagavalli ... Petitioner/Accused No.2 Vs State through, The Inspector of Police, Thirupalaikudi Police Station, Ramanathapuram District, Crime No.5 of 2020. ... Respondent/Complainant For Petitioner : M/s.K.Ramanathan, Advocate.

For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.5 of 2020 on the file of the Respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 324, 506(ii) of I.P.C., in Crime No.5 of 2020 on the file of the respondent police, seeks anticipatory bail. 3.The learned Additional Public Prosecutor strongly opposes the grant of relief to the petitioner by pointing out her overt acts. It is seen that the petitioner's husband and son have already been arrested and they are in custody. The petitioner is a woman aged about 55 years. Therefore I am inclined to show some indulgence to the petitioner. If the petitioner comes back to the locality, it will aggravate the situation.

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CRL OP(MD). No.528 of 2020 4.The learned counsel for the petitioner would state that the petitioner would stay at Thiruvadanai which is 30 Kms from R.S.Mangalam. The petitioner gives a categorical undertaking that for a period of four weeks, the petitioner will not enter her village. She would completely keep away from the victim's family. If this undertaking is breached, strict action will be taken against the petitioner.

5.Recording the said undertaking, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate Court No.I, Ramanathapuram, 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 on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioner 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 shall stand dismissed.

sd/- 10/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,RAMANATHAPURAM 2 -DO-THRO-THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE THIRUPALAIKUDI POLICE STATION, RAMANATHAPURAM DISTRICT

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

+1 CC to M/s.K.RAMANATHAN, Advocate ( SR-702[I] dated 10/01/2020) ORDER IN CRL OP(MD) No.528 of 2020 Date :10/01/2020 pnn ES/PN/SAR 2/22.01.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2