Kalaiarasi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventeenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.24014 of 2015 KALAIARASI ... PETITIONER/ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ARAVAYAL POLICE STATION, SIVAGANGAI DISTRICT.

IN CRIME NO. 220/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.M.SANJAY 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 accused No.2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 448, 379(NH) and 506(ii) of IPC, in Crime No.220 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that due to the civil dispute between the petitioner and defacto complainant, the petitioner taken the household articles from the defacto complainant's house. Therefore, the case has been registered for the above said offences.

3. The case of the petitioner is that she is innocent person and she has not committed any offence as alleged by the prosecution. Both the petitioner and the defacto complainant are neighbours and due to the previous enmity, the defacto complainant has given a false complaint against the petitioner.

4.The learned Government Advocate (Crl.side) submitted that A1 was arrested and released on bail and the property was also recovered from the accused.

5.Considering the facts and circumstances of the case and also considering the fact that A1 was arrested and released on bail and the property was also recovered, 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, Devakottai 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. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

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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/- 17/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ,DEVAKOTTAI.

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

+1. CC to M/S S.M.SANJAY Advocate SR.No.72282

ORDER

IN CRL OP(MD) No.24014 of 2015 Date :17/12/2015 am CSL/GSV-AN/SAR-I/22.12.2015 2p/6c https://hcservices.ecourts.gov.in/hcservices/