Madras High CourtCRL OP(MD)/6752/2019ordered

R.Priyanga, v. The Inspector Of Police,

2019-05-15Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.6752 of 2019 R.PRIYANGA, ... PETITIONER / ACCUSED NO.8 Vs STATE REP BY: THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, USILAMPATTI, MADURAI. CR.NO.5/2019 ... RESPONDENT / COMPLAINANT KANIMOZHI ..PETITIONER/INTERVENOR IN CRL MP(MD)No.4572 OF 2019 For Petitioner : M/S.L.PRAVEEN KUMAR Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) For Intervenor : MR.M.S. JEYAKARTHIK, ADVOCATE PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 406, 323, 494, 506(i) of IPC and Section 4 of Dowry Prohibition Act, 1961 in Crime No.5 of 2019 on the file of the respondent police, seek anticipatory bail.

2.Heard Mr.L.Praveen Kumar, learned Counsel for the petitioners, Mr.A.Robinson, learned Government Advocate (Crl Side) appearing for the State and Mr.M.S.Jeyakarthik, learned counsel for the intervener.

3.The case of the prosecution is that the first accused and the defacto complainant got married on 12.03.2012. The Accused No.1

is said to have demanded dowry from the defacto complainant and taken away all the jewels. Further, the A1 is said to have in relationship with the fourth accused. Since the petitioner herein is the sister of the fourth accused, she has also been implicated in this case.

4.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and she did not commit any offence as alleged by the prosecution and she has been falsely implicated in this case. Hence, he prays to grant anticipatory bail. 5.The learned Government Advocate (Crl Side) appearing for the respondent Police opposes the grant of anticipatory bail. 6.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with the following conditions:

(i) 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 on which the order copy was made ready before the learned Judicial Magistrate Court-I, Usilampatti 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 and on further conditions that:- [a] the petitioner as well as the sureties shall submit a copy of their Aadhar card or any other identity cards issued by the Government, in proof of their address, along with the surety bonds. [b] the petitioner shall report before the respondent police as and when required.

[c] the petitioner shall not tamper the evidence or witness either during investigation or trial.

[d] the petitioner shall co-operate for the investigation and the trial. The petitioner shall not abscond either during investigation or trial and in event of the petitioners abscond, the

respondent police shall register a case as provided under Section 229-A IPC.

[e] in the event of breach of any of the aforesaid conditions, the learned Magistrate / trial Court is entitled to take appropriate action against the petitioner, as per the principles laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/- 15/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, USILAMPATTI 2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE MADURAI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, USILAMPATTI, MADURAI.

1. CC to M/S.M.S.JEYAKARTHIK, Advocate SR.No.8346 +1cc to Mr. L.PRAVEEN KUMAR,Advocate, SR.No.1590 KK PN SAR 2 17/05/2019 3P 7C ORDER IN CRL OP(MD) No.6752 of 2019 Date :15/05/2019