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Madras High CourtCRL OP(MD)/2353/2020granted

Selvi v. The Inspector Of Police

2020-02-11Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Selvi, ... Petitioner/2nd Accused Vs The State by The Inspector of Police, Edayakottai Police Station, Dindigul District.

(Crime No.4 of 2020).

... Respondent/Complainant For Petitioner : M/s. D. Venkatesh, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervener :Mr.Satheesh Kumar PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 4/2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences under sections 447, 294(b) and 307 of I.P.C., in Crime No.4 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner's daughter got married to the victim without 1/3

the consent of her parents. That is said to be the reason for the occurrence. The victim was severely hacked by the accused. He was in hospital for about 12 days. The petitioner's daughter has given birth to a child. The victim had spent more than a lakh of rupees towards medical expenditure alone.

4. The petitioner states that she will take a demand draft for a sum of Rs.25,000/- favouring her daughter and enclose the same along with the surrender petition. The Court below will arrange to handover the said demand draft to the petitioner's daughter. It will be a non-refundable payment. Of course, this is without prejudice to the petitioner's defence in the trial.

5.Considering the nature of the case, I am of the view that the respondent has to fast track the investigation and file the final report. The respondent is directed to file the final report within a period of three weeks from today. This direction shall be scrupulously adhered to. On no account the filing of the final report will be delayed.

6. With this direction, I am 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 arrest or on her appearance before the learned Judicial Magistrate, Oddanchaatram, 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 for interrogation. The petitioner shall comply with the conditions 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 shall stand dismissed.

sd/- 11/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ODDANCHAATRAM 2/3

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT. 3 THE INSPECTOR OF POLICE EDAYAKOTTAI POLICE STAITON, DINDIGUL DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR. D. VENKATESH Advocate SR.No.3022

ORDER

IN CRL OP(MD) No.2353 of 2020 Date :11/02/2020 KM/(14.02.2020)SAR 1/SKN 3P 6C 3/3