Kalaiselvi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9041 of 2018 KALAISELVI ... PETITIONER/ACCUSED No.2 Vs STATE REP.BY, THE INSPECTOR OF POLICE, PAPPANADU POLICE STATION, THANJAVUR DISTRICT.

IN CRIME NO.45/2018 ... RESPONDENT/COMPLAINANT For Petitioner : MR.P.KANDASAMY, Advocate For Respondent : MR.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) IPC altered into Section 294(b) and 302 IPC in Crime No.45 of 2018, seeks anticipatory bail.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent Police.

3.This Court went through the contents of the First Information Report. It is seen that the petitioner's husband and the deceased are the co-brothers and on 06.05.2018 he had hit the deceased with iron rod. He was admitted in the hospital and on 09.05.2018 he was died. The occurrence appears to be on account of property dispute. The petitioner is having mentally retarded female child. This Court is of the view that arresting the petitioner will not advance the cause of investigation. Therefore, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. https://hcservices.ecourts.gov.in/hcservices/ 4.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned

District Munsif Cum Judicial Magistrate Court, Orathanadu, Thanjavur District and on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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.

5.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 06/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ORATHANADU, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, PAPPANADU POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.P.KANDASAMY, Advocate SR.No.9647

ORDER

IN CRL OP(MD) No.9041 of 2018 Date :06/06/2018 PK/CM-VR/RNB/11.06.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/