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Madras High CourtCRL OP(MD)/7813/2018dismissed

Sakunthala v. The Insepctor Of Police

2018-06-04Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.7813 of 2018 1 SAKUNTHALA W/O.SOMASUNDARAM 2 SAKUNTHALA W/O.ALAGU ... PETITIONERS / ACCUSED Nos.3 & 4 Vs THE STATE REPRESENTED BY THE INSEPCTOR OF POLICE THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT CRIME NO. 130 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.R.UDHAYAKUMAR Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 307 @ 304(B) I.P.C., in Crime No.130 of 2018, seek anticipatory bail. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal side) appearing for the respondent.

3.The petitioners are in-laws of the deceased. In this case, the deceased was set fire and she died later. At the time of dying declaration, she implicated the petitioners in this case. It is seen that the first petitioner is only the sister-in-law of the victim and she was residing separately. But the second petitioner is the mother-in-law of the victim and there are specific allegations against her.

4.Considering the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the second petitioner/A4. Accordingly, this Criminal Original Petition is dismissed in respect of Second petitioner/A4. https://hcservices.ecourts.gov.in/hcservices/

5. This Court is inclined to grant anticipatory bail to the first petitioner/A3 with certain conditions. Accordingly, the first petitioner/A3 is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Manamadurai, Sivagangai District 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 first petitioner/A3 shall appear before the respondent police as and when required for interrogation. The first petitioner/A3 shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 6.The first petitioner/A3 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/- 04/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI, SIVAGANGAI DISTRICT 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI 3 THE INSEPCTOR OF POLICE THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.UDHAYAKUMAR Advocate SR.No.9378 msa JAM/06/06/2018/ RR /GSR / 2p-6c

ORDER

IN CRL OP(MD) No.7813 of 2018 Date :04/06/2018 https://hcservices.ecourts.gov.in/hcservices/