Natarajan v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.23132 of 2014 1 NATARAJAN 2 SIVAGAMI 3 MUTHU SELVAM 4 RAJESWARI @ RAJATHI ... PETITIONERS / ACCUSED NOS.2 TO 5 Vs 1 THE STATE OF TAMIL NADU, REP.BY THE DEPUTY SUPERINTENDENT OF POLICE, ALANGULAM POLICE STATION, TIRUNELVELI DIST 2 THE INSPECTOR OF POLICE SEETHAPARPANALLUR POLICE STATION, ALANGULAM, TIRUNELVELI DIST, CR.NO.536/2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.H.VELAVADHAS Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A.2 to A.5 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 304(B) I.P.C. and Section 4(B)(1)(2) of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.536 of 2014 on the file of the respondent police and hence, seek anticipatory bail.

2. The learned Counsel for the petitioners submitted that the petitioners 1 to 3 were already arrested and released on bail by the Court of Sessions, Tirunelveli in Cr.M.P.No.3371 of 2015 and the fourth petitioner is the sister-in-law of the deceased.

3. It is further submitted that the first accused who is the husband of the deceased had filed H.M.O.P.No.475 of 2015 against the deceased for divorce and after receipt of the summon, she committed suicide and the main accused also arrested and released on bail.

4. The learned Counsel for the petitioners submitted that the fourth petitioner is the innocent lady and she has been falsely implicated in this case.

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5. The learned Government Advocate (Crl.Side) submitted that the accused 1 to 4 were already arrested and released on bail and the fourth petitioner/A.5 is the sister-in-law of the deceased.

6. Considering the submission made by the learned Counsel for the petitioner and the learned Government Advocate(Crl.Side), this petition is dismissed as infructuous insofar as the petitioners 1 to 3 are concerned.

7. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the fourth petitioner, with certain conditions. Accordingly, the fourth petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate No.I, Tirunelveli 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 fourth petitioner shall appear before the respondent police as and when required for interrogation. The fourth petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

8. The fourth 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/- 09/06/2015 / 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.DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3.THE DEPUTY SUPERINTENDENT OF POLICE, ALANGULAM POLICE STATION, TIRUNELVELI DIST.

4.THE INSPECTOR OF POLICE SEETHAPARPANALLUR POLICE STATION, ALANGULAM,TIRUNELVELI DIST. 5.THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.H.VELAVADHAS Advocate SR.No.29159

ORDER

IN CRL OP(MD) No.23132 of 2014 Date :09/06/2015 rg.11.06.2015 2p.7c.

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