Madras High CourtCRL OP(MD)/8949/2015ordered

Maragathavall, v. The Inspector Of Police,

2015-05-06Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.8949 of 2015 MARAGATHAVALL ... PETITIONER/ACCUSED No.6 Vs STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DT.

(CRIME NO.11 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MUTHUKUMAR Advocate For Respondent : MR.A.P.BALASUBRAMANI,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 498(A) and 406 IPC read with Section 4 of Dowry Prohibition Act in Crime No.11 of 2015, seeks anticipatory bail.

2. It is the case of the prosecution that the petitioner is arrayed as A6 and the marriage between the first accused and the de-facto complainant was solemnized on 04.06.2014 and this petitioner is the aunt of the first accused.

3. It is represented by the learned Government Advocate (Crl. Side) that the petitioner is residing away from A1 and A2. It is seen that the properties of the de-facto complainant are in the custody of A1 and A2 and not in the custody of this petitioner. Taking into consideration the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, but with conditions.

4. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on her appearance, within a period of fifteen https://hcservices.ecourts.gov.in/hcservices/ days from the date of receipt of a copy of this order, before the

learned Judicial Magistrate, Karaikudi, on condition that the petitioner shall execute a bond 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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]. sd/- 06/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,KARAIKUDI.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MUTHUKUMAR Advocate SR.No.25027

ORDER

IN CRL OP(MD) No.8949 of 2015 Date :06/05/2015 PA/06.05.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/