Madras High CourtCRL OP(MD)/9057/2015allowed

Divya v. The Inspector Of Police

2015-06-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifteenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9057 of 2015 DIVYA ... PETITIONER/ACCUSED No.6 Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, BABANASAM, THANJAVUR DIST.

IN CRIME NO. 1 OF 2015. RESPONDENT/COMPLAINANT For Petitioner : M/S.N.S.RAMAKRISHNADASS Advocate For Respondent : MR.K.V.RAJARAJAN, 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 A6 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 494 and 506(ii) IPC in Crime No.1 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The defacto complainant in this case is one Mythili. It is the case of the defacto complainant that she got married to one Rajagopal in the year 2007 and they have two children through the wedlock.

It is alleged by the defacto complainant that her husband and her parents-inlaw wanted male child but she had only begotten female children. Hence, she was subjected to cruelty. It is further alleged by the defacto complainant that her husband namely Rajagopal got re-married to one Divya, who is the petitioner herein. On the complaint dated 28.01.2015 lodged by the said Mythili the respondent police have registered the present case in Crime No. 1 of 2015 for the offences under Sections 498(A), 494, 506(ii) IPC and Section 4 of Tamilnadu Dowry Prohibition Act.

3.The learned counsel for the petitioner submitted that A2 to A4 in https://hcservices.ecourts.gov.in/hcservices/ this case have already been granted anticipatory bail by this Court on 11.03.2015 in Crl.O.P.No.3162 of 2015. He would further submit that the

petitioner is an innocent person and she has been falsely implicated in this case.

4.Heard the learned Government Advocate(Crl.side) appearing for the State.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Bapanasam, Tanjore District, on executing 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 15/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,PAPANASAM,TANJORE DISTRICT. 2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,THANJAVUR AT KUMBAKONAM. 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, BABANASAM, THANJAVUR DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.N.S.RAMAKRISHNADASS Advocate SR.No.31288 ORDER IN CRL OP(MD) No.9057 of 2015 Date :15/06/2015 PA/PPS/17.06.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/