Pandiyammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5247 of 2018 1 PANDIYAMMAL 2 VEERAMMAL 3 IRULAYEE @ MUTHUMARI ... PETITIONERS/ACCUSED No.2 to 4 Vs STATE REP.BY, THE INSPECTOR OF POLICE, PALAIYANUR POLICE STATION, SIVAGANGAI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioners : M/S.S.VANCHINATHAN, Advocate For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 506(i), 306 and Section 3(1) (x) of SC, ST Act, 1989 r/w. 4 of TNWPH Act in Crime No.14 of 2018, seek anticipatory bail. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

3.The petitioners as well as the deceased belongs to self help group. The deceased had borrowed money from the said group. But she did not re-pay the same. Therefore, the petitioners as well as the A1 went to the house of the deceased and had threatened her and also abused by using filthy language. It appears that the deceased feeling embarrassed and ashamed, she committed suicide on 08.02.2018. This is led the registration of Crime No.14 of 2018 on the file of the respondent Police under Sections 294(b), 323, 506 (i), 306 and Section 3(1) (x) of SC, ST Act, 1989 r/w. 4 of TNWPH Act.

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4.The learned counsel appearing for the petitioner submitted that the provisions of SC/ST Act, 1989 cannot be invoked against the petitioner. This is for the simple reason that the petitioner also belongs to Schedule Caste. It is true the offence under Section 306 IPC will still remain.

5.Considering the nature of allegation made against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Manamadurai, Sivagangai District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioners 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 shall stand dismissed.

sd/- 05/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI, SIVAGANGAI DISTRICT. 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE, PALAIYANUR POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.VANCHINATHAN Advocate SR.No.5479

ORDER

IN CRL OP(MD) No.5247 of 2018 Date :05/04/2018 PK/RR-CSL/SAR-2/16.04.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/