Ananthi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23441 of 2016 ANANTHI ... PETITIONER/ACCUSED NO.2 Vs THE STATE REP.BY , THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TENKASI, TIRUNELVELI DISTRICT CRIME NO.4 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.PALANI VELAYUTHAM Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 494, 406, 506(i) of I.P.C and Section 4 TNPHW Act in Crime No.4 of 2015 on the file of the respondent police, seeks anticipatory bail.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent/State.

3. The learned Government Advocate(Crl. Side) appearing for the respondent on instructions submitted that the petitioner is the second wife of A-1 and also she is having issues through the first accused in this case. Totally there are six accused in this case. The petitioner herein is A-2 and the remaining coaccused were granted anticipatory bail by this Court in Crl.O.P(MD) No.4088 of 2015.

4.Considering the above facts and circumstances of the case and also considering the fact that co-accused in this case have been granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest https://hcservices.ecourts.gov.in/hcservices/

or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Senkottai, Tirunelveli District, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent Police daily at 10.00 a.m., until further orders. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

sd/- 16/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,SENKOTTAI, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TENKASI, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.PALANI VELAYUTHAM Advocate SR.No.81713 PM CSL/SKN/SAR-II/21.12.2016: 2P/6C

ORDER

IN CRL OP(MD) No.23441 of 2016 Date :16/12/2016 https://hcservices.ecourts.gov.in/hcservices/