Madras High CourtCRL OP(MD)/18513/2016ordered

Thondiyammal v. The Inspector Of Police

2016-10-03Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.18513 of 2016 THONDIYAMMAL ... PETITIONER/2nd ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE PARAMAKUDI TALUK POLICE STATION, RAMNAD DISTRICT.

CR NO. 158/2016.

... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.BOOMINATHAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 174 of Cr.P.C. @ u/s 302 and 120(b) of IPC, in Crime No.158 of 2016, on the file of the respondent police, seeks anticipatory bail.

2. The Case of the prosecution is that A1 poured kerosene over his wife and set fire and the petitioner/A2 instigated A1 to commit the said offence.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and she has not committed any offence as alleged by the prosecution and her name has been falsely implicated in this case.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner is arrayed as A2, who is none other than the sister of A1. He further submitted that the petitioner has been arrayed as an accused upon the dying declaration obtained from the deceased, wherein it has been stated that the petitioner instigated A1 to commit the said offence. He further submitted that investigation is almost over and A5 has already been granted anticipatory bail.

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5.Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with the following condition. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Paramakudi, within a period of 10 days from the date on which the order copy made ready, and on her executing a bond for a sum of Rs.20,000/- (Rupees Twenty 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 Trial Court daily at 10. a.m. until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. sd/- 03/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE PARAMAKUDI.

2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE PARAMAKUDI TALUK POLICE STATION, RAMNAD DISTRICT.

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

+1. CC to M/S,JEYAKARTHIK Advocate SR.No.58449

ORDER

IN CRL OP(MD) No.18513 of 2016 Date :03/10/2016 jikr SD/SK-SKN/SAR-I/05.10.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/