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Madras High CourtCRL OP(MD)/21451/2015ordered

Krishnaveni v. The Sub Inspector Of Police

2015-12-04Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21451 of 2015 KRISHNAVENI ... PETITIONER / ACCUSED No.2 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE ERANIEL POLICE STATION, ERANIEL, KANYAKUMARI DISTRICT.

CRIME.NO. 673/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S D.SRINIVASARAGAVAN Advocate For Respondent : MR.K.ANBARASAN, Govt. 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 No.2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 452,294(b) and 307 of IPC altered into Sections 120(b), 452,294(B) and 307 of IPC 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 one property was given to the A1, by her mother, at the time of her marriage. The first accused has borrowed a sum of Rs.90,000/-, from the de facto complainant and promised to execute the sale deed in her favour. But, she did not execute the sale deed in favour of the de facto complaint. Hence, the first accused came to the house of the de facto complainant and poured kerosene and set on fire and thereby, she sustained the injuries. Based on the complaint, the case has been registered against the petitioner, who is the sister of the first accused.

3.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and she has not committed any offence and she has been falsely implicated in this case and prays for anticipatory bail in favour of the petitioner. 4.It is submitted by the learned Government Advocate (Crl.Side) that the injured has already been discharged from the hospital. He further submitted that the co-accused was already granted anticipatory bail by this Court in Crl.O.P(MD).No.22098 of 2015, dated 23.11.2015. 5.Considering the facts and circumstances of the case and also considering the fact that the co-accused was already granted anticipatory bail and that the injured has already been discharged from the hospital, https://hcservices.ecourts.gov.in/hcservices/

this Court is 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, Eraneal 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 daily at 10.00 a.m., until further orders. 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/- 04/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ERANEAL 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT 3 THE SUB INSPECTOR OF POLICE ERANIEL POLICE STATION, ERANIEL, KANYAKUMARI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S D.SRINIVASARAGAVAN Advocate SR.No.69362.

ORDER

IN CRL OP(MD) No.21451 of 2015 Date :04/12/2015 AM/07.12.2015/NGM.SS/SAR-I/2P/6C https://hcservices.ecourts.gov.in/hcservices/