Madras High CourtCRL OP(MD)/6979/2017ordered

Kabilan v. The Inspector Of Police

2017-06-09Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6979 of 2017 1 KABILAN 2 SUSHEELA ... PETITIONERS / ACCUSED 1 & 2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THENI, (CR.NO.12 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MAHENDRAPATHY Advocate For Respondent : MR.A.RAMAR Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 & 2, in Crime No.12 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 498-A, 406, 506 (i) IPC and Section 4 Dowry Prohibition Act and section 4 of women Harassment Act and hence, seeks anticipatory bail.

2. The learned counsel for the petitioners submitted that considering the facts and circumstances of the case, this Court had already granted anticipatory bail to the petitioners in Crl.O.P(MD) No.5586 of 2017, vide order dated 17.05.2017 on condition that the petitioners shall execute sureties within a period of fifteen days from the date on which the order copy made ready, failing which the petition for anticipatory bail stands dismissed. But the petitioners could not execute the sureties within the time prescribed by this Court as they could not arrange the sureties in time. Hence, the petitioners have come forward with this petition for anticipatory bail.

3. A.Ramar, learned Additional Public Prosecutor affirms the above said fact.

4. This Court heard the submissions made on either side and perused the order passed in Crl.O.P(MD)No.5586 of 2017, dated 17.05.2017.

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5.Considering the facts and circumstances of the case and also considering the fact that this Court had already granted anticipatory bail to the petitioners in Crl.O.P(MD)No.5586 of 2017, dated 17.05.2017, this Court is inclined to grant anticipatory bail to the petitioners on condition that the petitioners shall pay a sum of Rs.500/- each (totalling Rs.1,000/-) to the Legal Services Authority, Madurai Bench of Madras High Court, Madurai on receipt of the same the petitioners are entitled to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Theni 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 first petitioner shall report before the respondent police daily at 10.30 a.m., for a period of fifteen days and thereafter as and when required and the second petitioner shall report before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. The petitioners 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/- 09/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THENI.

2 THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THENI.

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

5 OFFICER IN CHARGE, THE LEGAL SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.23843

ORDER

IN CRL OP(MD) No.6979 of 2017 Date :09/06/2017 MKV-CM-MSA-SAR 4/13.6.2017/2P-7C https://hcservices.ecourts.gov.in/hcservices/