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Madras High CourtCRL OP(MD)/3125/2020granted

Sumitha @ Smitha v. The Deputy Superintendent Of Police

2020-02-21Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.3125 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.3125 of 2020 Sumitha @ Smitha ... Petitioner/Accused-3 Vs State Rep.by The Deputy Superintendent Of Police, Marthandam Division, Nagercoil, (Crime No.372/2018) Marthandam Police Station, Kanyakumari District.

... Respondent/Complainant For Petitioner : M/s.T.Jeen Joseph, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.372 of 2018 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences under sections 457(ii) and 380 (ii) of I.P.C., in Crime No.372 of 2018 on the file of the respondent police, seeks anticipatory bail.

3. The main accused has been granted bail by this Court vide order dated 10.02.2020 in Crl.O.P.(MD)No.2288 of 2020.

4. The petitioner's counsel on instructions states that the petitioner will appear before the respondent police daily 10.00 a.m., till the trial is over. He gives a further undertaking that https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.3125 of 2020 the petitioner will not apply for relaxation or modification of the said condition and will attend all the future hearings scrupulously before the Court below. Of course the petitioner need not appear before the respondent police on the hearing dates.

4. Recording the said undertakings, I am 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 No.I, Kuzhithurai, and on her 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 daily 10.00 a.m., till the trial is over as and when required for interrogation. Of course the petitioner need not appear before the respondent police on the hearing dates. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. 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 shall stand dismissed.

sd/- 21/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3. THE DEPUTY SUPERINTENDENT OF POLICE, MARTHANDAM DIVISION, NAGERCOIL, MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.T.JEEN JOSEPH, Advocate ( SR-3710[I] dated 21/02/2020 ) ORDER IN CRL OP(MD) No.3125 of 2020 Date :21/02/2020 MS/VR/SAR-2/25.02.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2