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Madras High CourtCRL OP(MD)/5233/2020ordered

Govindammal v. The Inspector Of Police

2020-05-07Honourable Dr Justice G. Jayachandran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/05/2020 PRESENT The Hon'ble Dr.Justice G.JAYACHANDRAN

1. Govindammal

2. Muthukannu

3. Dhanalakshmi ... Petitioners/ Accused Nos.2 to 4 Vs State rep. by The Inspector of Police, All Women Police Station, Jeeyapuram, Trichy District (Crime No.9 of 2020) ... Respondent/Complainant For Petitioner : Mr.K.Arunraj, Advocate.

For Respondent : Mr.S.Chandra Sekar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.9 of 2020 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 Sections 417, 294(b) and 506(ii) of IPC, seek anticipatory bail.

2. Heard both sides.

3.The petitioners are the mother, brother and sister of the first accused, who promised to marry the defacto complainant, but breached the promise. When the defacto complainant went to the house of the first accused, the first accused along with these petitioners have scolded her and used filthy language and also

threatened to eliminate her. Based on the said complaint, the police has already arrested the first accused and these petitioners are before this Court seeking anticipatory bail.

4. The learned Additional Public Prosecutor opposed to grant anticipatory bail to the petitioners.

5. Considering the nature of the complaint and the role of the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest by the respondent police on executing a own bond for a sum of Rs.25,000/- and further the petitioners shall execute two sureties for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each before the Additional Mahila Court, Trichy, on or before 05.06.2020 and on further condition that: (a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall report before the respondent police 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 thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 07/05/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE ADDITIONAL MAHILA COURT, TRICHY.

2. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, JEEYAPURAM, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.5233 of 2020 Date :07/05/2020 MYR SRS/ VR/ SAR-III/ 08.05.2020/ 3P/4C