Madras High CourtCRL OP(MD)/17904/2016ordered

Premavathi v. The Inspector Of Police

2016-09-21Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.17904 of 2016 PREMAVATHI ... PETITIONER/ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE PAPPANADU POLICE STATION, THANJAVUR DISTRICT, CRIME NO. 126 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.DEENADHAYALAN Advocate For Respondent : MR.K.V.RAJARAJAN, Government 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 341, 302 and 109 of I.P.C., in Crime No.126 of 2016 on the file of the respondent police.

2. The case of the prosecution is that the first accused cut both hands of the deceased using an aruval, as a result of which, he died. It is alleged that this petitioner instigated the first accused.

3. The learned counsel for the petitioner submitted that A1 had caused injury to the deceased and the petitioner was no way involved and the petitioner having lost her husband, had only asked about the property disposed by the deceased with A1 and hence, he 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;

(b) In the event of appearance before the learned Judicial Magistrate, Orathanadu within 15 days from the date of receipt of a copy of the order, (i) the petitioner shall be enlarged on bail on his executing a https://hcservices.ecourts.gov.in/hcservices/

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 him from disclosing such facts to the Court or to any Police Officer;

(iii)the petitioner shall report before the respondent police daily at 10.30 a.m. for two weeks and thereafter as and when required.

sd/- 21/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ORATHANADU.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT.

3 THE INSPECTOR OF POLICE, PAPPANADU POLICE STATION, THANJAVUR DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.DEENADHAYALAN Advocate SR.No.54337 AKV CSL/PV/SAR-I/27.09.2016: 2P/6C

ORDER

IN CRL OP(MD) No.17904 of 2016 Date :21/09/2016 https://hcservices.ecourts.gov.in/hcservices/