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Madras High CourtCRL OP(MD)/9558/2015allowed

Chithiraiselvi, v. The Inspector Of Police,

2015-06-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9558 of 2015 CHITHIRAISELVI, ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE, KOTTAMPATTI POLICE STATION, MADURAI DT.

CR.NO.103/2015.

..RESPONDENT/COMPLAINANT For Petitioner : M/S.B.RAJA Advocate For Respondent : Mr.K.V.RAJARAJAN, 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 sole accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 302 I.P.C. in Crime No.103 of 2015, on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the accused gave coffee mixed with poison to her two children and she also consumed thereafter.

3. The learned Counsel for the petitioner submitted that the case was registered based on the complaint of her husband and later he has sent a letter to the Superintendent of Police stating that he had not preferred this complaint. The learned Counsel further submitted that the petitioner is a poor lady and due to a dispute with her husband, he gave the false complaint.

4. The learned Government Advocate (Crl.Side) submitted that due to poverty, the accused had administered poison to her children and she also attempted to commit suicide.

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, Melur, Madurai District and on her 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.

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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/- 09/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, KOTTAMPATTI POLICE STATION, MADURAI DT. +1. CC to M/S.B.RAJA Advocate SR.No.29984 ORDER IN CRL OP(MD) No.9558 of 2015 Date :09/06/2015 PBK/AMF 15/06/2015 ::2P-6C::

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