Benazir Nisha, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.5128 of 2017 BENAZIR NISHA, ... PETITIONER/ ACCUSED NO.6 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT.

(CR.NO.83/2016) ... RESPONDENT / COMPLAINANT For Petitioner : MR.J.SULTHAN BASAH ADVOCATE FOR M/S.AJMAL ASSOCIATES Advocate For Respondent : MRS.S.PRABHA 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 A6, in Crime No.4 of 2017 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 406 and 506(i) of I.P.C. and section 4 of Dowry Prohibition Act in Crime No.83 of 2016, on the file of the respondent police,seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State. 3.

The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has nothing to do with the commission of offence and he has been falsely implicated in this case. He would further submit that already A6 was granted bail in Crl.O.p.(MD) No.19890 of 2016 by this Court dated 14.10.2016 and since the petitioner was in advanced stage of pregnancy, she could not execute the sureties and now, she delivered a baby and hence approached this Court by filing the second anticipatory bail application.

4.The learned Government Advocate(Crl. Side) appearing for the respondent on instructions submitted that investigation is going on. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the above facts and circumstances of the case and considering the fact that already the petitioner was granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Melur and on 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 condition stipulated under Section 438 Cr.P.C. scrupulously.

6.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 stands dismissed.

sd/- 26/04/2017 (*)CORRECTED ORDER ISSUED / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ARUL TO To be substituted the order copy already despatched 1 THE JUDICIAL MAGSTRATE,MELUR 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.AJMAL ASSOCIATES Advocate SR.No.21260 GJM/MSA/SAR-3-27.4.17-2P-6C GJM/MSA/SAR-43.5.17-2P-6C

ORDER

IN CRL OP(MD) No.5128 of 2017 Date :26/04/2017 https://hcservices.ecourts.gov.in/hcservices/