Madras High CourtCRL OP(MD)/13467/2017granted

M.Megadharshini v. The Inspector Of Police

2017-10-05Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13467 of 2017 M.MEGADHARSHINI ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE T.KALLUPATTI POLICE STATION, MADURAI DISTRICT.

CRIME.NO.247/2017 ... RESPONDENT For Petitioner : Mr.PORKODI KARNAN for M/S.POLAX LEGAL SOLUTIONS For Respondent : Mr.K.ANBARASAN,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, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 448, 323, 294(b) and 506(i) of I.P.C., in Crime No.247 of 2017, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that one of the daughter-inlaw made a complaint against another daughter-in-law stating that the petitioner along with her relatives had entered into the house of the de-facto complainant and attacked her mother-in-law. Hence, the de-facto compliant gave a complaint before the Law Enforcing Agency. Thereafter, in order to grab the property, again the petitioner / daughter-in-law threatened the de-facto complainant and mother-in-law, taking advantage of the husband of the de-facto complainant employed in abroad. Since the said complaint was not taken on file, they approached this Court in Crl.O.P.(MD)No.13164 of 2017 and based on the direction issued by this Court, F.I.R was registered.

3. The learned counsel appearing for the petitioner would submit that it is purely a family dispute and she has not committed any offence as alleged by the prosecution. In fact the petitioner wants to maintain the guardian relationship with the mother-in- law and the de-facto complainant. Accordingly, the learned counsel for

the petitioner prays for grant of anticipatory bail.

4. Per contra, the learned Government Advocate (Crl.side) appearing for the respondent would submit that based on the direction issued by this Court, the complaint was registered and the said complaint is under investigation. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 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, Perayur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 is directed not to create any problem with the de-facto complainant and the mother-in-law and if the petitioner commit any crime or disturbance against the mother-in-law or the defacto complainant, it is open to the Law Enforcing Agency to take appropriate action;

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iii)the petitioner shall make herself available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioner shall not commit any offence while on bail; (v)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 and the bail granted stands cancelled automatically.

sd/- 05/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,PERAYUR.

2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE MADURAI 3 THE INSPECTOR OF POLICE T.KALLUPATTI POLICE STATION, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.POLAX LEGAL SOLUTIONS Advocate SR.No.32200

ORDER

IN CRL OP(MD) No.13467 of 2017 Date :05/10/2017 MV:SV-MSA:SAR1:06/10/2017/3P/6C