Mery Stella v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.15376 of 2016 MERY STELLA ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE NITHIRAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

CR. NO.196/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.J.CHAKKARAVARTHY Advocate For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 454 and 380 of I.P.C., in Crime No.196 of 2016 on the file of the respondent police.

2.The case of the prosecution is that on 28.07.2016, the petitioner had trespassed into the house of the de-facto complainant and committed theft of gold jewels.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case.

4.Heard the learned Government Advocate (Crl. Side). 5.On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

https://hcservices.ecourts.gov.in/hcservices/ (b) In the event of appearance before the learned Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District within 15 days

from the date of receipt of a copy of the order, (i) the petitioner shall be enlarged on bail on her executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the likesum to their satisfaction;

(ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade her from disclosing such facts to the Court or to any Police Officer;

(iii)the petitioner shall report before the respondent police as and when required.

sd/- 14/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KUZHITHURAI, KANYAKUMARI DISTRICT.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE NITHIRAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.S.J.CHAKKARAVARTHY Advocate SR.No.52039.

ORDER

IN CRL OP(MD) No.15376 of 2016 Date :14/09/2016 AM/AAL.MPA/SAR-I/22.09.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/