Pitchumani(Maha)@Maheswari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Pitchumani(Maha)@ maheswari

2. Padmanathan ... Petitioners/4th and 5th Accused Vs The State rep.by, The Inspector of Police, All Women Police Station, Melur.

Crime No.3 of 2021. ... Respondent/Complainant For Petitioners : Not Appeared.

For Respondent : Mr.T.Senthil Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.3 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 498(A), 417, 294(b) and 506(i) I.P.C. in Crime No.3 of 2021 on the file of the respondent police, seek anticipatory bail. 2.Today, when the matter is taken up for hearing, there is no representation on behalf of the petitioners either in person or through counsel.

3.The learned Government Advocate (Crl.Side) appearing for the respondent, on instructions, submits that after completing investigation, the final report has been filed before the Judicial Magistrate Court, Melur on 14.03.2021 and the same was taken on file by the learned Judicial Magistrate, Melur in C.C.No.108 of 2021. 4.Considering the submission made by the learned Government Advocate(Crl.Side) that the investigation in Crime No.3 of 2021 on the file of the respondent police is completed, final report is filed and the same is taken on file in C.C.No.108 of 2021 by the learned Judicial Magistrate, Melur, this Court is inclined to grant 1/3

Anticipatory Bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Melur, within a period of fifteen days from the date of receipt of a copy of this order, on their executing 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 said Magistrate and on further condition that:

[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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

[c]the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/petitioners thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 02/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO 1 THE JUDICIAL MAGISTRATE, MELUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR.

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

ORDER

IN CRL OP(MD) No.1317 of 2021 Date :02/08/2021 MSA MK/VR/SAR.I/09.08.2021/3P/5C 3/3