Logamani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirty First day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16789 of 2015 LOGAMANI ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE D2, SELLUR POLICE STATION, MADURAI.

(CRIME NO. 1052 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S S.BALAJI Advocate For Respondent : M/S.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 A3 apprehends arrest at the hands of the respondent police for the alleged offence punishable under section 174 of Cr.P.C @ 306 of IPC, in Crime No.1052 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.According to the de-facto complainant K.Arjunan, his daughter was married to A1 in the year 2002 and out of their wedlock, two children were born to them. While so, A1 had developed illicit intimacy with some other lady and harassed the deceased by demanding Rs.4,00,000/- to settle his loan, at the instigation of A2 and A3, who are the mother and sister of A1 and therefore, on 21.07.2015, she committed suicide by hanging.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent lady and she has not committed any offence as alleged by the prosecution. The learned counsel further submitted that the petitioner was married to Jayapandi long ago and she is residing at Karisalpatti village, which is far away from the occurrence place. Further, A1 and A2 were already arrested and remanded to judicial custody and there is no allegation against the petitioner.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that A1 had harassed the deceased at the instigation of A2 and A3 and therefore, the petitioner is not entitled for anticipatory bail.

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5.However, considering the facts and circumstances of the case and the allegations made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate No.II, Madurai 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 daily at 10.00 a.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.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/- 31/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE MADURAI.

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

4 THE INSPECTOR OF POLICE D2, SELLUR POLICE STATION, MADURAI.

+1. CC to M/S S.BALAJI Advocate SR.No.50279

ORDER

IN CRL OP(MD) No.16789 of 2015 Date :31/08/2015 RG.04/09/2015/GSV/PM/SAR-I 2P/6C.

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