Sudha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22453 of 2015 SUDHA ... PETITIONER/ACCUSED NO.5 Vs THE STATE OF TAMIL NADU THE INSPECTOR OF POLICE KOTTAMPATTI POLICE STATION, MADURAI DISTRICT, CRIME NO.307 OF 2015 ... RESPONDENTCOMPLAINANT For Petitioner : M/S M.S.JEYAKARTHIK 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 A5 in Crime No.307 of 2015 on the file of the respondent police apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 176 of I.P.C., @ 201 and 305 of I.P.C.

, and hence, seeks anticipatory bail. 2.The case of the prosecution is that on 07.09.2015 one Iswariya aged about 17 years committed suicide by hanging, the parents and the other accused persons without informing the death to the concerned authorities, they buried the body of the deceased. Hence, the Village Administrative Officer registered the complaint against the petitioner and others. 3.The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and the petitioner's name is not found in the FIR. She further submitted that the petitioner is only the friend of the deceased and the petitioner is a widow aged about 26 years and she is having two minor children and her family has been totally depending upon the petitioner for their livelihood.

4.The learned Government Advocate (Crl.side) on instruction would submit that the petitioner and other persons buried the body of the deceased, who committed suicide on 03.09.2015 without informing to the concerned authorities. He further submitted that the other co-accused/A1 to A4 had already been released on anticipatory bail by this Court. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considering the fact that the co-accused had already been released on

anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Melur 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 of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 7.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/- 27/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE ,MELUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, KOTTAMPATTI POLICE STATION,MADURAI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S M.S.JEYAKARTHIK Advocate SR.No.68689 CSL/PM/SAR-I/02.12.2015 2P/6C

ORDER

IN CRL OP(MD) No.22453 of 2015 Date :27/11/2015 https://hcservices.ecourts.gov.in/hcservices/