Renuga Devi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21426 of 2018 1 RENUGA DEVI 2 KANNATHAL 3 SURIYA PRAKASH ... PETITIONERS / ACCUSED No.2,4 and 5 Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT.
Crime No. 15 of 2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.A.THIRUVADI KUMAR Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehending arrest at the hands of the respondent police for the offence punishable under Sections 417, 420 and 323 I.P.C., in Crime No.15 of 2018, seek anticipatory bail.
2. The case of the prosecution is that, on going through the First Information Report in Crime No.251 of 2018, it is seen that the complainant Brintha had given a complaint before the respondent Police on 11.10.2018 and came to know about the later developments on the said Brintha health condition and a case has been registered on 25.11.2018, there was the first accused was taking the said Brintha for marriage and cheating her.
3. The learned Counsel for the petitioners would submit that to escape from the action of the complaint of Brintha dated 11.10.2018 the petitioners have been came to be registered even in the complaint in Crime No.251 of 2018 there is no money with regard to the overtact of the petitioners.
4. Heard the learned Government Advocate (Criminal Side) appearing for the respondent.
https://hcservices.ecourts.gov.in/hcservices/
5 . Considering the facts of the case, 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-I, Sivagangai on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, each for a like sum to the satisfaction of the said Magistrate, on further condition that:
[a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled.
[b] the petitioners shall report before the respondent police as on when required for interrogation.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners shall not abscond either during investigation or trial.
[e] 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 05/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO I, SIVAGANGAI.
2.THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.A.THIRUVADI KUMAR Advocate SR.No.22768
ORDER
IN CRL OP(MD) No.21426 of 2018 Date :05/12/2018 TK/PN/SAR.3/14.12.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/