Vijaya @ Vijayalakshmi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN
1. VIJAYA @ VIJAYALAKSHMI
2. ARUMUGAM ... PETITIONERS/ACCUSED NO.9 & 10 VS STATE REP. BY THE INSPECTOR OF POLICE, ELUMALAI POLICE STATION, MADURAI DISTRICT.
(CRIME NO.24/2020).
... RESPONDENT/COMPLAINANT For Petitioners : M/s.A.Mithun Chakravarthi, 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. 24 of 2020 on the file of the respondent police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.
2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 342, 323, 302 and 109 of I.P.C., in Crime No.24 of 2020 on the file of the respondent police, seek anticipatory bail.
3. The petitioners are figuring as A9 and A10. They are womenfolk.
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4. The case of the prosecution is that the first accused and the deceased contested in the recently concluded local body elections and that the deceased had taken a sum of Rs.15,000/- to withdraw from the contest and also to support the first accused. The first accused lost in the election. He wanted the money back from the deceased. Since the deceased refused, the occurrence in question had taken place.
5.The allegation against the petitioner is that they had instigated the commission of the offence and also pelted stones. The three of the main accused have been arrested. 6.I am of the view that the arrest of the petitioners is not going to advance the cause of investigation. The second petitioner is aged about 65 years.
7.The learned counsel appearing for the petitioners would submit that since the first petitioner happens to be the wife of A1, she had been falsely implicated.
8.The second petitioner is the mother-in-law of A1. The possibility of false implications on account of their relationship with A1 cannot be ruled out. Therefore, I am inclined to grant anticipatory bail to the petitioners.
9. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate Court No.II, Usilampatti, Madurai District, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only)each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of four weeks. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.
10. The petitioners 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.
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TO 1 THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI, MADURAI DT.
2 DO THROUGH THE CHEIF JUDICIAL MAGISTRATE, MADURAI.
3 THE INSPECTOR OF POLICE ELUMALAI POLICE STATION, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.MITHUN CHAKRAVARTHI, Advocate ( SR-3680[I] dated 21/02/2020 )
ORDER
IN CRL OP(MD) No.3123 of 2020 Date :21/02/2020 RMI JM/VR/SAR 2/26.02.2020/3P/6C 3/3