H.Christel Jebitha, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.1327 of 2019 H.CHRISTEL JEBITHA ... PETITIONER / ACCUSED 5 Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, COLACHEL, KANYAKUMARI DISTRICT.

CRIME NO.14/2016 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.XAVIER RAJINI, Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A) and 406 IPC r/w Sections 4 and 6 of the Dowry Prohibition Act, in Cr.No.14 of 2016, seeks anticipatory bail.

2. The learned counsel appearing for the petitioner would submit that the petitioner was already granted anticipatory bail by this Court in Crl.O.P(MD)No.6481 of 2018 dated 23.04.2018. Since the petitioner did not execute sureties within the stipulated time, this petition has been filed.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner was already granted anticipatory bail in Crl.O.P(MD)No.6481 of 2018 dated 23.04.2018.

5. Taking into consideration the facts of the case and the submissions by learned counsel, 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, before the learned Judicial Magistrate, Eraniel, Kanyakumari District, on condition https://hcservices.ecourts.gov.in/hcservices/

that the petitioner shall execute 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 said Magistrate, on further conditions that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioner shall report before the respondent police as and when required for interrogation;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial;

[e] 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 29/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, ERANIEL, KANYAKUMARI DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, COLACHEL, KANYAKUMARI DISTRICT.

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

+1. CC to Mr.S.XAVIER RAJINI Advocate SR.No.1655

ORDER

IN CRL OP(MD) No.1327 of 2019 Date :29/01/2019 MS/JC/SAR-1/01.02.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/