Muthukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of February Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.17879 of 2014 MUTHUKUMAR ... PETITIONER/SOLE ACCUSED Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEELAKARAI, RAMANATHAPURAM DT, CRIME NO.6/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.V.ARUN Advocate For Respondent : MR.C.RAMESH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.6 of 2014, on the file of the respondent police for offences under Sections 406, 498-A of the Indian Penal Code r/w Section 4 of DP Act, the petitioner is now before this Court seeking Anticipatory Bail.

2. Earlier the matter was referred to the Mediation and Conciliation Centre attached to this Bench. Mediation failed. Failure report has been received.

3. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the State and perused the materials available on record.

4. The learned Government Advocate(Crl. Side) submits that in this case investigation has been completed and charge sheet has been filed before the learned Judicial Magistrate No.I, Ramanathapuram.

5. Under such circumstances, this Court is inclined to grant anticipatory bail to the petitioner, but with conditions.

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 this order, before the learned Judicial Magistrate No.I, Ramanathapuram on executing a separate 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 appear before the trial Court on all hearing dates without fail.

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[b] the petitioner shall not tamper with evidence or witness during trial.

[c] the petitioner shall not abscond during trial. [d] 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].

sd/- 12/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEELAKARAI, RAMANATHAPURAM DISTRICT.

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

+1cc to M/S.A.V.ARUN, ADVOCATE IN SR : 6604 SR : 17.02.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.17879 of 2014 Date :12/02/2015 https://hcservices.ecourts.gov.in/hcservices/