Nagadevi v. The Inspector Of Police

CRL OP(MD). No.5293 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/04/2021 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.5293 of 2021 Nagadevi ... Petitioner/Accused Rank No.2 Vs State Rep.by The Inspector of Police, All Women Police Station, Ambasamudram, Tirunelveli.

Crime No.13/2019.

... Respondent/Complainant For Petitioner : Mr.K.Neethi Mohan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 13 of 2019 on the file of the respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner who is figuring as accused No.2 apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 376 and 506(i) of I.P.C., in Crime No.13 of 2019 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner as well as her husband filed Crl.O.P.(MD) No.19132 of 2019 seeking anticipatory bail. While rejecting the request made by the petitioner's husband, I granted anticipatory bail to the petitioner vide Order dated 19.12.2019. It appears that the petitioner did not surrender or execute sureties pursuant to the order passed by this Court. Therefore, the earlier order got itself worked out and the present petition has been filed seeking the very same relief. In the meanwhile, final report has been filed and the case has been taken on file by the learned Judicial Magistrate, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.5293 of 2021 Ambasamudram, in P.R.C.No.8 of 2021. It is stated that non-bailable warrant has been issued against the petitioner.

4. The petitioner is a lady and the primary allegations have been made only against the petitioner's husband. Therefore, I am inclined to grant anticipatory bail to the petitioner with certain conditions. It is stated that the next hearing date is 20.04.2021. The petitioner shall appear before the learned Judicial Magistrate, Ambasamuthiram and produce sureties. The petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Ambasamudram and on her executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 19/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned. TO

1. THE JUDICIAL MAGISTRATE, AMBASAMUDRAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AMBASAMUDRAM, TIRUNELVELI.

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

ORDER IN CRL OP(MD) No.5293 of 2021 Date :19/04/2021 PMU MS/PN/SAR-3/19.04.2021/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2