Madras High CourtCRL OP(MD)/13766/2017granted

Rukmani @ Kamatchi v. The Inspector Of Police

2017-10-12Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13766 of 2017 RUKMANI @ KAMATCHI ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUPATHUR, SIVAGANGAI DISTRICT.

CR.NO.5/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SURESH Advocate For Respondent : MR.K.ANBARASAN Govt. 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 a sole Accused, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 376, 417 and 506(i) of I.P.C., in Crime No.5 of 2017, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the Accused No.1 said to have made sexual intercourse with the defacto complainant on a false promise of marriage and latter refused to marry her. A1 is the son of A2 and he is still absconding. The petitioner/A3 is the sister of A2. The petitioner/A3 and A2 are said to have used filthy language and also threatened the defacto complainant and her mother with dire consequences. On complaint, a case has been registered for the aforesaid offences.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that this Court has already granted Anticipatory Bail to the Accused No.2 in Crl.O.P.(MD)No.9754 of 2017. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate

(Crl.side), 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, Thiruppathur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties 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 petitioners shall not tamper with evidence or witness either during investigation or trial.

(iii) the petitioners shall not commit any offence while on bail;

(iv) On breach of any of the aforesaid conditions, the petition for anticipatory bail stands dismissed.

sd/- 12/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUPPATHUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUPATHUR, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.SURESH Advocate SR.No.32669

ORDER

IN CRL OP(MD) No.13766 of 2017 Date :12/10/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-PM-PN-SAR 3/20.10.2017/2P-6C