Pandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.14659 of 2014 1 PANDI 2 SUNDARAMMAL ... PETITIONER(S) / ACCUSED 2 & 3 Vs THE STATE REP. BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUPARANKUNDRAM, MADURAI DT, CRIME NO.82/2014 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.BALAJI Advocate For Respondent : Mr.A.P.Balasurbramani Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 406 and 506(ii) of IPC., in Crime No.82 of 2014 on the file of the respondent police, seek anticipatory bail.

2. Heard the learned counsel appearing on either side.

3. The case of the prosecution is that A1/Radhakrishnan got married to the defacto complainant some time in 2005 and she had subjected to untold cruelty at the hands of the petitioners and A1.

4. The petitioners are parents of A1/Radhakrishnan and the allegations against them are not serious in nature. Therefore, relying upon the Judgment of the Hon'ble Supreme Court in Arnesh Kumar Vs.State of Bihar reported in 2014 (8) Scale 250, this Court is inclined to grant Anticipatory Bail to the petitioners herein.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.VI, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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[a] the petitioners shall report before the respondent police, as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 07/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.VI,MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, MADUARI 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUPARANKUNDRAM, MADURAI DISTRICT 4 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.BALAJI Advocate SR.No.435.

TS/08.01.2015/2P-6C

ORDER

IN CRL OP(MD) No.14659 of 2014 Date :07/01/2015 https://hcservices.ecourts.gov.in/hcservices/