M.Shanthi v. The Sub Divisional Magistrate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.20971 of 2015 M.SHANTHI ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY SUB-INSPECTOR OF POLICE ERANIEL POLICE STATION, ERANIEL, KANYAKUMARI DISTRICT, (CR NO.673/2015) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S D.SRINIVASARAGAVAN ADVOCATE FOR RESPONDENT : MR.K.ANBARASAN, GOVERNMENT 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 accused, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 452, 294(b) and 307 of I.P.C., in Crime No.673 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner assuring that she will execute a sale deed in favour of the de-facto complainant, received a sum of Rs.90,000/- from the de-facto complainant and thereafter, refused to execute a sale deed in favour of him.

3. The learned counsel for the petitioner submitted that the property in question was given as 'sridhanam' at the time of marriage by her mother and his brother viz., SelvaKumar was creating problem to her to execute a sale deed in favour of the de-facto complainant.

4. The learned Government Advocate (Crl.side) submitted that subsequent to the registration of the case, accused Nos.3 and 4 were arrested and they are in custody and A2 is absconding. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the gravity of the offence A2 is absconding this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition is dismissed. sd/- 02/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SUB DIVISIONAL MAGISTRATE ERANIEL POLICE STATION, ERANIEL, KANYAKUMARI DISTRICT,

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

+1. CC to M/S D.SRINIVASARAGAVAN Advocate SR.No. 64381

ORDER

IN CRL OP(MD) No.20971 of 2015 Date :02/11/2015 2P/4C TE/SKS-RR/ : 05/11/2015 https://hcservices.ecourts.gov.in/hcservices/