Premalatha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.14940 of 2016 PREMALATHA ... PETITIONER / A4 Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, FORT RANGE, TIRUCHIRAPPALLI CRIME NUMBER 14/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.DEEPAK Advocate For Respondent : MR.P.KANNITHEVAN, 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 Accused No.4 , apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 323, 294(b),506(ii) of IPC r/w. Section 4 of Dowry Prohibition Act, in Crime No.

14 of 2015, on the file of the respondent police and hence, seeks anticipatory bail. 2.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Further, the petitioner has already filed Crl.O.P(MD)No.13419 of 2014 for anticipatory bail before this Court and this Court vide order dated 14.07.2014, granted anticipatory bail to the petitioner. The petitioner filed Crl.O.P(MD).No.7455 of 2016 to extend the time for executing the surety and this Court dismissed the petition directing the petitioner to surrender before the concerned Magistrate. The petitioner could not surrender before the Magistrate for the reason that her husband/ A5 met with an accident on 08.05.2016 and he was in continuous treatment.

Hence, the petitioner has come up with the present petition.

3.Heard the learned Government Advocate (Criminal side). 4.Considering the facts and circumstances of the case and also considering fact that this Court has already granted anticipatory bail to the petitioner vide order dated 24.07.2014 made in Crl.O.P (MD)No.13419 of 2014 , this Court is inclined to grant anticipatory https://hcservices.ecourts.gov.in/hcservices/

bail to the petitioner with certain conditions. Accordingly, the petitioner ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Thiruchirappalli, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties 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 respondent Police as and when required for interrogation.

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iii) the petitioner shall not abscond either during investigation or trial.

(iv) 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 as if the conditions have been imposed and the petitioner 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]. 6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.

sd/- 17/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.1, THIRUCHIRAPPALLI 2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, FORT RANGE, TRICHY 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.C.DEEPAK Advocate SR.No.45692

ORDER

IN CRL OP(MD) No.14940 of 2016 Date :17/08/2016 SMA/PV/SAR-3/24/08/2016 :2P/6C https://hcservices.ecourts.gov.in/hcservices/