Shanthi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4148 of 2015 1 SHANTHI 2 RADHAKRISHNAN ..PETITIONERS/ACCUSED (RANK NOT KNOWN) Vs.

STATE REP.BY THE INSPECTOR OF POLICE VALANADU POLICE STATION, MARUNGAPURAI TALUK, TRICHY DISTRICT.

CR.NO.104 OF 2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.AN.RAMANATHAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government Advocate (Crl.Side) PETITION 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 294(b), 323 and 506(i) and 420 IPC in Crime No.104 of 2015 on the file of the respondent police, seek anticipatory bail.

2. The first petitioner is a Headmistress of Seeranipatti Panchayat Union Primary School, wherein the de-facto complainant is also working as a Teacher. The 2nd petitioner is the husband of the first petitioner. It is alleged by the de-facto complainant that the first petitioner had borrowed money from time to time and that she has to pay a total sum of Rs.5 lakhs and when he demanded the repayment of the money, she threatened them. On a reading of the complaint, the dispute essentially appears to be civil in nature. Under such circumstances, it is a fit case to grant anticipatory bail.

3. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Manapprai, Trichy District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- each (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 appear 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.

https://hcservices.ecourts.gov.in/hcservices/ [d] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial C3820ourt 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/- 06/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, MANAPPARAI, TRICHY DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, VALANADU POLICE STATION, MARUNGAPURAI TALUK, TRICHY DISTRICT.

+1. CC to M/S.AN.RAMANATHAN Advocate SR.No.11072 ORDER IN CRL OP(MD) No.4148 of 2015 Date :06/03/2015 PBK 09/03/2015 ::2P-6C:

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