Shanthipoosan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.8106 of 2017 1 SHANTHIPOOSAN 2 CHINNASAMY @ KASI 3 MALAICHAMY 4 JEYAPRAKASH ... PETITIONERS/ACCUSED NOS.3 TO 6 Vs STATE REP.BY, THE INSPECTOR OF POLICE NAGAMALAIPUDUKOTTAI POLICE STATION, MADURAI DISTRICT CRIME NO. 89 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.THAMBIDURAI, 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.3 to 6 in Crime No.89 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 174(3) Cr.P.C. 176 and 201 IPC and now altered into Section 306 IPC and Section 4 of Tamilnadu Prohibition of Women Harassment Act and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State. 3.The case of the prosecution is that the first petitioner is the son of second and third petitioners. The marriage between the first petitioner and deceased Sivapriya was solemnized in the month of July, 2016. On 04.02.2017, the deceased committed suicide and the petitioners without informing the same to the police, cremated the body of the deceased. Now, the complaint has been lodged by the Village Administrative Officer.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have nothing to do with

the alleged offence and they have been falsely implicated in this case.

5.The learned Additional Public Prosecutor would submit that initially the case has been registered under Section 174 Cr.P.C. and the same was subsequently altered into Section 306 IPC and Section 4 of Tamilnadu Prohibition of Women Harassment Act and that the investigation is pending.

6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Additional Mahila Court, Madurai (Judicial Magistrate) and on their 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 petitioners shall appear before the respondent police once in a week i.e. on every Monday at 10.30 a.m., until further orders, for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 7.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/- 29/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL MAHILACOURT(JUDICIAL MAGISTRATE), MADURAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE NAGAMALAIPUDUKOTTAI POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.THAMBIDURAI Advocate SR.No.25471

ORDER

IN CRL OP(MD) No.8106 of 2017 Date :29/06/2017 RJ2 CSL/CM-MSA/SAR-I/04.07.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/