Shanmugapriya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10665 of 2016 SHANMUGAPRIYA ... PETITIONER/ACCUSED No.3 Vs STATE REP. BY THE INSPECTOR OF POLICE PANDALKUDI POLICE STATION VIRUDHUNAGAR DISTRICT CR.NO.100 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.POORNA CHANDRAN Advocate For Respondent : Mr.P.KANNITHEVAN, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.3, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 506(ii) of IPC and Section 4 of Prohibition of Harassment of Women Act, in Crime No.100 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the petitioner is that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case and prays for anticipatory bail in favour of the petitioner. 3.It is submitted by the learned Government Advocate (Crl.Side) that no one sustained injury in the alleged occurrence. 4.Considering the facts and circumstances of the case and also considering the fact that no one sustained injury in the alleged occurrence, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner 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, Aruppukottai, on condition that the petitioner shall execute a bond https://hcservices.ecourts.gov.in/hcservices/

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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioner shall report before the respondent Police as and when required for interrogation. (ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall not abscond either during investigation or trial.

(iv) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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].

5.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.

sd/- 29/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE ARUPPUKOTTAI 2 -do- thro'THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE PANDALKUDI POLICE STATION VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S S.POORNA CHANDRAN Advocate SR.No.33833 ORDER IN CRL OP(MD) No.10665 of 2016 Date :29/06/2016 am SH/SKS-RR/SAR-III:04.07.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/