Maheswari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11190 of 2016 MAHESWARI ... PETITIONER/ACCUSED No.7 Vs STATE REP.BY THE INSPECTOR OF POLICE SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO. 317 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S M.RAMU Advocate For Respondent : MR.P.KANNITHEVAN, 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 Accused No.7, apprehends arrest at the hands of the respondent police for the offences punishable under Section 302 IPC @ Sections 120(b), 147, 148 and 302 IPC, in Crime No.317 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that due to illicit intimacy with another lady by the deceased, the petitioner along with other accused persons conspired together and murdered the deceased, who is the husband of the petitioner. On complaint, case has been registered for the above said offences.

3.The case of the petitioner is that she is an innocent and she has not committed any offence as alleged by the prosecution. The petitioner is the wife of the deceased and there is no specific overtact attributed as against the petitioner in the FIR.

4.The learned Government Advocate (Criminal side) submitted that the petitioner and other accused murdered the deceased, who is the husband of the petitioner, due to illicit intimacy with another lady by https://hcservices.ecourts.gov.in/hcservices/ the deceased and at the time of hearing the argument in length in the

earlier petition for anticipatory bail filed by the petitioner in Crl.O.P(MD)No.8245 of 2016, when this Court was not inclined to grant anticipatory bail to her, the learned counsel for the petitioner withdrew the petition on 06.06.2016 and now there is no change of circumstances and accordingly the said petition was dismissed as withdrawn.

5.Considering the facts and circumstances of the case and also considering the serious nature of allegation levelled against the petitioner and now there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner and accordingly this petition is dismissed.

sd/- 06/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

ORDER

IN CRL OP(MD) No.11190 of 2016 Date :06/07/2016 PA/SK-SKN/SAR II/21.07.2016/2P/3C https://hcservices.ecourts.gov.in/hcservices/