Kasthuri v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/03/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR 1.Kasthuri 2.Nagalakshmi ... Petitioners/Accused Nos.3 & 4 Vs State rep.by The Inspector of Police, Ambathurai Police Station, Dindigul District.
Crime No.36/2021.
... Respondent/Complainant For Petitioners : Mr.C.Susi Kumar, Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No. 36 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 174 (3) Cr.P.C., altered into Section 306 IPC in Crime No.36 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to matrimonial dispute, the wife of the first accused committed suicide by pouring kerosene and set fire herself. Hence, the complaint. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the first petitioner is the mother-in-law and the second petitioner is the sister-in-law of the deceased and anticipatory bail was granted 1/3
by this Court to the co-accused in this case. Hence, he prayed for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. Side), appearing for the respondent police submitted that the investigation is pending. 5.Considering the above facts and circumstances of the case and considering the fact that anticipatory bail was granted by this Court to the co-accused in this case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, Dindigul, on condition that the petitioners shall execute a bond for a sum of Rs.
(b)the petitioners shall appear before the respondent Police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;
(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners shall not abscond either during investigation or trial;
(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and;
(f)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 23/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1.THE JUDICIAL MAGISTRATE NO.III, DINDIGUL 2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
3.THE INSPECTOR OF POLICE, AMBATHURAI POLICE STATION, DINDIGUL DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.4432 of 2021 Date :23/03/2021 GNS AE/PN/ (29/03/2021) 3P / 5C 3/3