R. Shanmuga Priya v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Twenty Second day of March Two Thousand and Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.21812 of 2015 R. SHANMUGA PRIYA ... PETITIONER /3rd ACCUSED Vs 1 THE SUB INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUNELVELI CITY, CRIME NO.30/2015 ...1st RESPONDENT / COMPLAINANT 2 E. MURUGAN ... 2nd RESPONDENT /DEFACTO COMPLAINANT Criminal Original Petition filed U/S 438 of CR.PC praying that in the circumstances stated therein and in the affidavit filed therewith. The High Court will be pleased to enlarge this petitioner/3rd accused on bail in Crime No.30/2015 on the file of the Respondent police. ORDER: This Crl.OP(MD)No. 21812 of 2015 coming on for hearing on this day, upon perusing the petitioner and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.Satheeshkumar, Advocate for the petitioner and of Mr.A.P.Balasubramani, Government Advocate for 1st Respondent and Mr.A.Thiruvadikumar, learned Advocate for 2nd respondent and this court made the following order:

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 420, 406, 468, 471 and 379(NH) r/w 120(b) I.P.C. in Crime No.30 of 2015 on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate(Crl.Side) appearing for the State.

3. On a reading of the complaint, it is seen that the petitioner is the wife of A.1 and A.1 was already arrested and released on bail. Taking into consideration the nature of the allegations against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Tirunelveli on condition that the petitioner 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:

[a] the petitioner shall report before the respondent police as and when required for interrogation;

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[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

[d] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Judicial 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/- Assistant Registrar(T&P) / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO I, TIRUNELVELI.

2 THE SUB INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUNELVELI CITY.

3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S USILLAI O SIVAKUMAR Advocate SR.No.16144 +1CC to M/S. A. THIRUVADIKUMAR, Advocate, SR.No. 16136. ORDER DATED : 22/03/2016

ORDER

CRL OP(MD) No.21812 of 2015 Giving directions etc., as stated within.

AM/AAL.MPA/SAR-I/01.04.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/