Rajeshwari, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.11548 of 2017 RAJESHWARI ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, VIRUDHUNAGAR (WEST) POLICE STATION, VIRUDHUNAGAR DISTRICT.
(CRIME NO.298 OF 2014) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SOLAISAMY Advocate For Respondent : MR.A.RAMAR Additional Public Prosecutor 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 the alleged offences punishable under Section 174 of Cr.P.C., altered into Section 306 of IPC., in Crime No.298 of 2014, seeks anticipatory bail.
2. The case of the prosecution is that a house was taken on lease by pledging the jewels of the deceased and the deceased and A1 alone were living in the said house. The petitioner herein said to have demanded marriage expenses from the deceased and because of that the deceased said to have committed suicide in the matrimonial house.
3. The learned counsel appearing for the petitioner states that the petitioner is an innocent and she has not committed any offence, as alleged by the prosecution. He also submitted that the case was registered in the year 2014. A1 was arrested and released on bail, as per order of this Court in Crl.O.P(MD)No.11548 of 2017.
4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that there are totally 2 accused in this case and the petitioner herein is arrayed as A2, who is the mother-in-law of the deceased and A1 is the husband of the deceased. He also submitted that earlier, the case was registered for the offence under Section 174 of Cr.P.C., and on 18.07.2014, the Section was altered into Section 306 of IPC.
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5. Considering the above facts and circumstances of the case and also considering the fact that co-accused was granted bail by this Court and the alleged overt act of the petitioner herein and the case was registered in the year 2014, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, before the learned Judicial Magistrate No.I, Virudhunagar, 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 the petitioner shall report before respondent Police daily at 10.30 a.m., until further orders, for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C., scrupulously.
7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 05/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, VIRUDHUNAGAR (WEST) POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.SOLAISAMY Advocate SR.No.76917
ORDER
IN CRL OP(MD) No.11548 of 2017 Date :05/09/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-PN-SAR 2/08.09.2017/2P-6C