Madras High CourtCRL OP(MD)/14083/2016granted

Thulasi @ Thulasiammal, v. The Sub Inspector Of Police,

2016-11-22Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Second day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.14083 of 2016 THULASI @ THULASIAMMAL, ... PETITIONER/ACCUSED NO.5 Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE, GANESH NAGAR POLICE STATION, PUDUKKOTTAI DISTRICT.

(CR.NO.222/2016) ...1ST RESPONDENT/ COMPLAINANT For Petitioner : M/S A.BANUMATHY Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The matter is listed today under the caption 'for being mentioned', at the instance of the learned counsel for the petitioner stating that even though this Court had granted anticipatory bail on 09.11.2016, but the order is otherwise. 2.Heard the learned counsel on either side.

3.Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 304(b) and 306 IPC in Crime No.222 of 2016 on file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

4.The case of the prosecution is that the petitioner along with other accused harrassed the defacto complainant by demanding dowry. 5.It is the case of the petitioner that petitioner/A.5 is the neighbour, who has arranged marriage between the deceased and A.1 and she is no way connected with the harassment of dowry. https://hcservices.ecourts.gov.in/hcservices/ 6.Learned Government Advocate (Crl. Side) submitted that investigation is pending.

7.Taking note of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pudukkottai, subject to the following conditions:

(i) 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 Magistrate concerned;

(ii) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(iv) the petitioner shall not abscond either during investigation or trial;

(v) on breach of any of the aforesaid conditions, the 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 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/- 22/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PUDUKOTTAI.

2 THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI. 3 THE SUB INSPECTOR OF POLICE,GANESH NAGAR POLICE STATION PUDUKKOTTAI DISTRICTT.

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

ORDER

IN CRL OP(MD) No.14083 of 2016 Date :22/11/2016 AM/SK SKN/SAR-3/28.11.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/