Madras High CourtCRL OP(MD)/3086/2018ordered

S.Pakkiya Sudha, v. The Inspector Of Police,

2018-02-27Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.3086 of 2018 S.PAKKIYA SUDHA, ... PETITIONER/ACCUSED Vs THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.24 OF 2016. ... RESPONDENT / COMPLAINANT For Petitioner : MR.R.VENKATESAN, for M/S.RIGHT LAW ASSOCIATES 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.3, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b) and 506(ii) of IPC, in Crime No.24 of 2016, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner herein, who is the sister-in-law of the defacto complainant, is said to have demanded additional dowry from the the defacto complainant and also abused her in filthy language. Thus, 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 he did not commit any offence as alleged by the prosecution and his name has been falsely implicated in this case.

4.The learned Government Advocate (Criminal Side) would submit that the investigation is not yet completed. He would further submit that the co-accused has already granted anticipatory bail by this Court.

5.The submissions made by the learned counsel appearing on

either side are considered. It is alleged that the petitioner herein being the sister-in-law of the defacto complainant made harassment in order to getting more dowry. The co-accused in this case has granted anticipatory bail by this Court. Since the offence committed by the petitioner is a matrimonial one, considering the observations made by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar and another [Crl.A.No.1277 of 2014], 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 her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Ramanathapuram, 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. for a period of three 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 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/- 27/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM 2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.RIGHT LAW ASSOCIATES Advocate SR.No.3114

ORDER

IN CRL OP(MD) No.3086 of 2018 Date :27/02/2018 SMA/CSL/SAR-3/07.03.2018:3P/6C