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Madras High CourtCRL OP(MD)/15618/2015allowed

Aruna, S/O Muthupandi, v. The State Rep. By Its

2015-08-13Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirteenth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) Nos.15618 to 15621 of 2015 ARUNA ... PETITIONER/ACCUSED RANK NOT KNOWN in All the Petitions Vs.

THE STATE REP. BY ITS THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, SRIVAIKUNDAM, TUTICORIN DISTRICT.

CR. NOS.76,77,78 AND 79 OF 2015 RESPECTIVELY ... RESPONDENT/COMPLAINANT in All the Petitions For Petitioner in All the Petitions : M/S.S.R.DURAIRAJ Advocate For Respondent in All the Petitions : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 147,148,294(b) and 506(ii) and 153(a) (b) of IPC and Sections 3 and 4 of TNPPDL Act in Crime No.77 of 2015 and Sections 147,148,294(b) and 506(ii) of IPC and Sections 3 and 4 of TNPPDL Act, in Crime Nos.76, 78 and 79 of 2015 respectively, on the file of the respondent police, seek anticipatory bail.

2. The case of the persuasion is that one Pitchaiya Thevar was murdered and thereafter, the accused in these cases have caused damage to the property of the accused involved in the case of murder.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and she has been falsely implicated in this case. He further submitted that co-accused were already granted bail by this Court in Crl.O.P.(MD).Nos.8952 etc., of 2015 respectively, dated 06.05.2015.

4. Heard the learned Government Advocate (Crl. Side).

5. Considering the facts and circumstances of the case and also considering the fact that the co-accused have already been released on bail, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on https://hcservices.ecourts.gov.in/hcservices/

bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Srivaikundam, and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) ( for each cases) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that; (i) the petitioner shall stay at Tenkasi and report before the Tenkasi Town Police Station daily at 10.00 am until further orders. (ii) In respect of Crime No.76 of 2015, the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) and in respect of Crime Nos.77, 78 and 79 of 2015, the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) (for each cases) to the credit of Crime numbers before the Judicial Magistrate, Srivaikundam and at the end of trial the learned trial Judge is directed to disburse the amount as compensation to the victims if any.

(iii) The Petitioner shall give her thumb impression, specimen signature and handwritings.

(iv) The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 13/08/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE TUTICORIN.

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

4 THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, SRIVAIKUNDAM, TUTICORIN DISTRICT.

5 THE INSPECTOR OF POLICE, TENKASI TOWN POLICE STATION, TENKASI.

+4CC to M/S.S.R.DURAIRAJ Advocate SR.Nos.46652 to 46654 & 46658 akm/17.08.2015 /2p-10c/

ORDER

IN CRL OP(MD) Nos.15618 to 15621 of 2015 Date :13/08/2015 https://hcservices.ecourts.gov.in/hcservices/