Zarina Begum, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.2445 of 2018 ZARINA BEGUM ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIRANGAM, TRICHY DISTRICT.

CRIME NO.2 OF 2017.

... RESPONDENT(S) / COMPLAINANT(S) For Petitioner : M/S.KARTHICK SUBRAMANIAN 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/A3,who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 498(A), 406 and 506(i) I.P.C., in Crime No.2 of 2017, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the daughter-in-law of the petitioner herein alleging that the petitioner and other family members involved in matrimonial cruelty and misappropriated the jewels of the defacto complainant and threatened her with dire consequences. Hence, a case has been registered for the above said offences.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, she has been falsely implicated, further added that she had not committed any offence as alleged, and pleads for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate(Criminal Side) appearing for the State submitted that totally there are 3 accused in this case. The petitioner is arrayed as A3. A1 and A2 in this case were already released on bail. Further submitted that after completing investigation, charge sheet has been filed and the same was taken on

file as C.C.No.55 of 2017, on the file of Judicial Magistrate, Additional Mahila Court, Trichirappalli.

5.The submissions made by the learned counsel appearing on either side are considered. The petitioner being the mother-in-law of the defacto complainant demanded more dowry, thereby, this case has been registered. Already other accused in this case were released on bail. According to prosecution, as of now, after completing investigation, charge sheet has been filed and the same was taken on file as C.C.No.55 of 2017 on the file of Judicial Magistrate, Additional Mahila Court, Trichy, hence, the question of custodial interrogation does not arise. so,this Court is inclined to grant anticipatory bail to the petitioner.

Accordingly, she is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Additional Mahila Court, Trichy District, 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 concerned Magistrate Court daily at 10.00 a.m for a period of two weeks and thereafter as and when required for interrogation.

(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 petitioners 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/- 16/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, TRICHY DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIRANGAM, TRICHY DISTRICT.

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

+1. CC to M/S.KARTHICK SUBRAMANIAN Advocate SR.No.2624

ORDER

IN CRL OP(MD) No.2445 of 2018 Date :16/02/2018 MKV-CM-SAR 4/23.2.2018/3P-6C