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Madras High CourtCRL OP(MD)/15948/2015allowed

T.Kottalammal v. The State Rep. By

2015-08-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty First day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.15948 of 2015 T.KOTTALAMMAL ... PETITIONER/ ACCUSED NO.2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, SHENCOTTAI POLICE STATION, TIRUNELVELI DIST.

(CR.NO. 176 OF 2014) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.D.SELVANAYAGAM Advocate For Respondent : MS.S.PRABHA, 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.2, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 304(B) of I.P.C., in Crime No.176 of 2014 on the file of the respondent police and hence, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that A1 was already arrested and released on bail and the other accused viz., A3 and A4 were already granted anticipatory bail by the Sessions Court.

3. The learned Government Advocate Crl.side) submitted that the investigation is over and the charge sheet has been filed which is yet to be take on file.

4. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of her arrest or on her appearance before the learned Judicial Magistrate, Shenkottai, Tirunelveli District and on her executing 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required. The petitioner shall comply with the condition stipulated under Section 438Cr.P.C. Scrupulously.

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5. 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/- 21/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SHENKOTTAI, TIRUNELVELI DISTRICT.

DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

THE INSPECTOR OF POLICE, SHENCOTTAI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.SELVANAYAGAM Advocate SR.No.48722 +1. CC to Mr.D.SELVANAYAGAM Advocate SR.No.48821

ORDER

IN CRL OP(MD) No.15948 of 2015 Date :21/08/2015 NS/SK-SKN/SAR-II/25.08.2015 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/