Kalyani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.2410 of 2018 KALYANI ... PETITIONER / ACCUSED No.2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE KARIYAPATTI POLICE STATION, (CRIME NO.10/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.SUNDAR Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused no.2, apprehending arrest at the hands of the respondent police for the offence punishable under Section 306 of IPC, in Crime No.10 of 2018, seeks anticipatory bail.
2.The case of the prosecution is that the first accused and the deceased are husband and wife and due to harassment at the hands of the petitioner along with other accused, the deceased consumed poison and committed suicide. Hence, on complaint, a case has been registered against the petitioners.
3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she did not commit any offence as alleged by the prosecution. 4.The learned Government Advocate (Criminal Side) would submit that the investigation is not yet completed. 5.The submissions made by the learned counsel appearing on either side are considered. It is alleged, prior to the death of the deceased Semmalarselvi, her husband Velumurugan and in-law Kalyani made harassment towards the deceased. Now, on going through the averments made in the First Information Report, the de facto complainant did not say anything about purpose for the harassment. Further, the petitioner is the only in-law for the deceased. The
other accused in this case / A1 was arrested and remanded to judicial custody. Thereby, considering the nature of offence committed by the petitioner, the custodial interrogation of the petitioner may not be necessary. Therefore, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Virdudhunagar, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioner shall report before the respondent police, daily at 10.00 a.m. until further orders; (ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall not abscond either during investigation or trial.
(iv) On breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioner shall stand automatically cancelled and 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/- 15/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR
3 THE INSPECTOR OF POLICE KARIYAPATTI POLICE STATION, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.SUNDAR Advocate SR.No.2533 TRP JAM/20/02/2018/PM-PN/ SAR 2/3P-6C
ORDER
IN CRL OP(MD) No.2410 of 2018 Date :15/02/2018