K. Muthulakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20191 of 2015 K. MUTHULAKSHMI ... PETITIONER/ACCUSED NO.3 Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MANAMADURAI, SIVAGANGAI DISTRICT.

(IN CR.NO. 41/2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S V.P.RAJAN Advocate For Respondent : MRS.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 arrayed as A3 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 417, 376, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition Harassment of Woman Act in Crime No.41/2015 and hence, seek anticipatory bail.

2.According to the prosecution, the first accused fell in love with the defacto complainant and had physical relationship with her promising to marry her. But later she refused to marry her and when it is informed to accused 2 and 3 threatened with dire consequences.

3.The learned counsel for the Petitioner submitted that the Petitioner is the mother of the first accused and she is nothing to do with the allegations. It is further submitted that A2 was already arrested and remanded to judicial custody. It is further submitted that A1 already got married and that a false complaint has been given against him by the defacto complainant. 4.The learned Government Advocate(Crl.Side) would vehemently oppose the anticipatory bail petition contending that the first accused by giving false promise to the defacto complainant raped her on many occasions, who is aged 20 years and the other accused threatened her with dire consequences.

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5.Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the District Court cum Mahila Court, Sivagangai and on 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 to the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter as and when required.. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. 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/- 16/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT COURT CUM MAHILA COURT, SIVAGANGAI 2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MANAMADURAI,SIVAGANGAI DISTRICT. 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S V.P.RAJAN Advocate SR.No.61916

ORDER

IN CRL OP(MD) No.20191 of 2015 Date :16/10/2015 AA/GSV/SAR-I/26.10.2015/2p-5c https://hcservices.ecourts.gov.in/hcservices/