Madras High CourtCRL OP(MD)/19769/2016ordered

M.Nisha v. The Sub Inspector Of Police,

2016-10-14Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19769 of 2016 M.NISHA ... PETITIONER / ACCUSED No.2 Vs State rep.by THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PUDUKOTTAI, PUDUKKOTTAI DISTRICT, (IN CR.NO.10 OF 2016). ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MUTHALRAJ 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 / 2nd Accused apprehends arrest at the hands of the respondent Police for the alleged offence punishable under Sections 498(a), 406, 420, 494 and 506(i) I.P.C., r/w Section 4 of T.N.D.P.Act, in Crime No.10 of 2016, on the file of the respondent Police and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 05.02.2015, the de facto complainant got married with one Arunkumar / 1st Accused and thereafter, difference of opinion arose between them and as a result, she lodged a complaint before the respondent Police as against her husband and his family members.

3. It is submitted by the learned Government Advocate (Crl.Side) that the first accused has been enlarged on bail by the learned Judicial Magistrate, Pudukkottai, vide order dated 04.10.2016 in Cr.M.P.No.5775 of 2016 and the Accused 3 to 6 have also been granted anticipatory bail by the learned Sessions Judge, Pudukkottai, vide order, dated 06.10.2016, in Cr.M.P.No.1485 of 2016 and the petitioner / 2nd Accused is none other than the neighbour of the first accused.

4. Considering the submissions made by the learned Government Advocate (Crl.Side) and also considering the fact that the petitioner is neighbour of the first accused and the co-accused have already been enlarged bail, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. https://hcservices.ecourts.gov.in/hcservices/

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Pudukkottai, 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 conditions 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 would stand dismissed.

sd/- 14/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PUDUKKOTTAI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI 3 THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PUDUKOTTAI, PUDUKKOTTAI DISTRICT.

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

+1. CC to M/S.NA.Palaniyandi Advocate SR.No.60726 sm:Sk-Skn:SAR 1:19/10/2016:2P/6C

ORDER

IN CRL OP(MD) No.19769 of 2016 Date :14/10/2016 https://hcservices.ecourts.gov.in/hcservices/