Madras High CourtCRL OP(MD)/5530/2015allowed

Dr. Indhu v. The Inspector Of Police

2015-03-25Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5530 of 2015 DR.INDHU ... PETITIONER / ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, SRIRANGAM POLICE STATION(L & O), TRICHY DISTRICT, CRIME NO.405/2015 ... RESPONDENT / COMPLAINANT For Petitioner : MR.G.R.SWAMINATHAN, Senior Counsel for M/S. T. ANTONY ARUL RAJ Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN, Govt. Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 294(b), 448, 341 and 506(i) of IPC in Crime No.405 of 2015, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent.

3. This case has been registered pursuant to the direction issued by the learned Judicial Magistrate No.III, Trichy under Section 156(3) Cr.P.C. The defacto complainant is the husband of the petitioner and it appears that both of them have obtained divorce.

4. Considering all these facts and circumstances of the case, I am of the considered view that this is a fit case to grant anticipatory bail to the petitioner.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, Trichy on condition that 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:

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[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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 25/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, TRICHY.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE INSPECTOR OF POLICE, SRIRANGAM POLICE STATION, (L & O), TRICHY DISTRICT.

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

+1. CC to M/S. T. ANTONY ARUL RAJ, Advocate SR.No.14686. ORDER IN CRL OP(MD) No.5530 of 2015 Date :25/03/2015 msm 26.03.2015 p2/6c https://hcservices.ecourts.gov.in/hcservices/