Rose Mary v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of November Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE S.VAIDYANATHAN CRL OP(MD) No.21658 of 2015 1 ROSE MARY 2 S.REGISH 3 ANDROOS MARIA JOHN ... PETITIONER / ACCUSED NOS.2 TO 4 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE ALL WOME POLICE STATION, COLACHEL, KANYAKUMARI DISTRICT CRIME NO.39/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S C.SANKAR PRAKASH 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 petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 406 and 506(ii) IPC and Section 4 of Tamil Nadu Prevention of Women Harassment Act in Crime No.39 of 2015 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners demanded dowry and thereby harassed the defacto complainant.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence and they have been falsely implicated in this case. Hence, he seeks anticipatory bail.

4. Heard the learned Government Advocate (Criminal Side).

5. Considering the nature of the offence, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Eraniel on condition that the petitioners 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 or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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[a] the first petitioner shall report before the respondent police as and when required and 2nd and 3rd petitioners shall report before the respondent Police daily at 10:30 a.m for a period of two weeks and thereafter, as and when required for interrogation. [b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/- 18/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE,ERANIEL

2. THE CHIEF JUDICIAL MAGISTRATE,KANYAKUMARI DISTRICT

3. THE SUB INSPECTOR OF POLICE,ALL WOME POLICE STATION, COLACHEL, KANYAKUMARI DISTRICT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S C.SANKAR PRAKASH Advocate SR.No.65975

ORDER

IN CRL OP(MD) No.21658 of 2015 Date :18/11/2015 GJM/AMF/SARII-20.11.2015-2P-6C https://hcservices.ecourts.gov.in/hcservices/