Madras High CourtCRL OP(MD)/17909/2017granted

Devi, v. The Inspector Of Police,

2017-12-22Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17909 of 2017 DEVI ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, PARAMAKUDI TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.

(CRIME NO.687 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused No.3, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 174 Cr.P.C. @ 304 (B) of IPC, in Crime No.687 of 2017, on the file of the respondent police seeks anticipatory bail. 2.The case of the prosecution is that the petitioner/A3 is the sister-in-law of the deceased. The marriage between the deceased and one Prabakaran/A1 was solemnized in the year 2016. After marriage the said Prabakaran and his family members harassed the deceased by demanding additional dowry. On 08.11.2017, due to the demand of dowry and pressure amounted to her, the deceased committed suicide, thereby defacto complainant filed a compliant before the respondent police. Based on the complaint, a case has been registered for the above said offence.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. However, he submitted that the petitioner is a close relative of the other accused persons. There is no specific overtact against the petitioner. However, all the other accused persons already arrested and released on bail.

4. The learned Government Advocate (Criminal side) appearing for the respondent submitted that due to the demand and harassment of the accused persons, the deceased committed suicide and investigation is still pending.

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5. Considering the facts and circumstances of the case and since there is no specific overtact against the petitioner, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Paramakudi, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioner shall report before the All Women Police Station, Paramakudi, daily between 10.00 a.m. and 11.00 a.m., until further orders;

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioner shall not commit any offence while on bail;

(v) 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 and the anticipatory bail granted stands cancelled automatically.

sd/- 22/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, PARAMAKUDI TOWN POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.37024 ORDER IN CRL OP(MD) No.17909 of 2017 Date :22/12/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-RR-SAR 3/27.12.2017/2P-6C