S.Jeyasubha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.2830 of 2015 S.JEYASUBHA ... PETITIONER/ACCUSED No.5 Vs STATE.REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI TOWN, CR. NO. 13/2014. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. P. NAGARAJAN Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.13 of 2014, on the file of the respondent police for offences under Sections 498(A), 406(i) IPC and Section 4 of TamilNadu Prohibition of Women Harassment Act, the petitioner is now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondent.

3. It is the case of the petitioner that one Gopi (A1) married the de-facto complainant on 23.11.2012 and they have no children. On account of matrimonial discord, they got separated. The de-facto complainant has lodged a complaint based on which, this case was registered by the police on 14.11.2014. The petitioner herein is the friend of Jeeva (A3), who is the sister of A1. This Court has granted anticipatory bail to Jeeva in Crl.O.P.(MD) No.1913 of 2015. On a reading of the complaint, the allegations are not very serious and relying upon Arnesh Kumar Vs.State of Bihar reported in 2014 (8) Scale 250, this Court is inclined to grant anticipatory bail to the petitioner, but with conditions.

https://hcservices.ecourts.gov.in/hcservices/

4. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on her appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order, before the learned Mahila Court (Judicial Magistrate level), Madurai, on executing a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, (a) the petitioner shall report before the respondent police as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 17/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE MAHILA COURT(JUDICIAL MAGISTRATE LELVEL),MADURAI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,MADURAI. 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI TOWN.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. P. NAGARAJAN Advocate SR.No.7477

ORDER

IN CRL OP(MD) No.2830 of 2015 Date :17/02/2015 PA/19.02.15/2P/6C https://hcservices.ecourts.gov.in/hcservices/