Madras High CourtCRL OP(MD)/3861/2015ordered

S. Anusuya Devi v. The Sub Inspector Of Police

2015-03-04Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) Nos.3861 & 3862 of 2015 S.ANUSUYA DEVI ... PETITIONER / ACCUSED NO.1 IN CRL.OP(MD)No.3861/2015 PACKIYASENAN ... PETITIONER / ACCUSED NO.2 IN CRL.OP(MD)No.3862/2015 Vs THE STATE REP.BY THE SUB-INSPECTOR OF POLICE, OOMATCHIKULAM POLICE STATION, MADURAI DISTRICT.

... RESPONDENT / COMPLAINANT CRIME NO.111/2015 IN BOTH PETITIONS For Petitioner : M/S.R.R.KANNAN, Advocate in both petitions For Respondent : M/S.A.P.BALASUBRAMANIAN, Govt. Advocate (Crl.Side) in both petitions PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 355, 494, 497, 498 and 506(i) I.P.C. in Crime No. 111 of 2015 on the file of the respondent police, seek anticipatory bail.

2. Heard the learned Counsel for the petitioners and the learned Government Advocate (Crl.Side).

3. This case has been registered pursuant to the direction issued by this Court in Crl.O.P.(MD)No.22894 of 2014. The defacto complainant is the husband of Anusuya Devi (petitioner in Crl.O.P.No.3861 of 2015). Anusuya Devi is working as a teacher and Packiyasenan (petitioner in Crl.O.P.No.3862 of 2015) is working as Headmaster in a School. The defacto complainant has made uncharitable allegations against his wife.

4. Taking into consideration the averments in the F.I.R., this Court is of the view that it is a fit case to grant anticipatory bail.

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5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate NO.II, Madurai, on condition that each of the petitioner shall execute 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 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 petitioners shall report before the respondent police as and when required for interrogation.

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

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

[d] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Judicial 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/- 04/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE SUB INSPECTOR OF POLICE, OOMATCHIKULAM POLICE STATION, MADURAI DISTRICT.

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

+2. Ccs. to M/S.R.R.KANNAN, Advocate SR.No.10209 & 10210. ORDER IN CRL OP(MD) Nos.3861 & 3862 of 2015 Date :04/03/2015 msm 05.03.2015 p2/7c https://hcservices.ecourts.gov.in/hcservices/