Alagurani, v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.2158 of 2019 ALAGURANI ... PETITIONER / ACCUSED No. 5 Vs THE STATE, REP. BY INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, CUMBUM, THENI DISTRICT (CRIME NO.16 of 2019) ... RESPONDENT / COMPLAINANT For Petitioner : MR.A.KARTHIK Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI Govt. 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 offence under Sections 174 Cr.P.C., altered into Section 306 IPC r/w Section 9 of Exorbitant Interest Act, 2003 in Cr.No.16 of 2019, on the file of the respondent police, seeks anticipatory bail.
2.It is the case of the prosecution that the deceased borrowed money from the petitioner and other accused and that the petitioner and other accused insisted the deceased to pay more interest, for which the deceased consumed poison and subsequently she was died. Hence, the defacto complainant preferred a complaint before the respondent police.
3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and she is an innocent person. He would further submit that the co-accused were enlarged with bail by the Court below and hence, he would pray for anticipatory bail to the petitioner. 4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that investigation is pending. 5.Considering the facts and circumstances of the case and considering the fact that co-accused already enlarged with bail, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the https://hcservices.ecourts.gov.in/hcservices/
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, Uthamapalayam, on condition 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a)the petitioner 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 petitioner shall report before the respondent police as and when required;
(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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 18/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3 THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, CUMBUM, THENI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.A.KARTHIK Advocate SR.No.3262 ORDER IN CRL OP(MD) No.2158 of 2019 Date :18/02/2019 MSI/VR/SAR-III/22.02.2019-2P/6C https://hcservices.ecourts.gov.in/hcservices/