Murugeshwari v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23467 of 2016 1 MURUGESHWARI 2 SELVI 3 GANDHI ... PETITIONER(S) / ACCUSED Vs STATE REPRESENTED BY , THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI SOUTH, MADURAI DISTRICT, CRIME NO. 23 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.AK.AZAGARSAMI 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 petitioners, who are arrayed as accused Nos.2 to 4, in Crime No.23 of 2016 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 376, 417 and 323 of I.P.C and hence, seek anticipatory bail.

2. Heard the learned counsel for the petitioners, the learned counsel for the intervenor and the learned Government Advocate(Crl. Side) for the respondent/State.

3.The learned Government Advocate (crl. Side) states that totally there are four accused in this case. The petitioners herein are accused Nos.2 to 4 respectively and A1 was arrested and he is in custody.

4.The learned counsel for the petitioner states that A1 and the victim are lovers and A1 promised to marry her and had sexual intercourse with the defacto complainant. The overt act against the petitioner is only the criminal intimidation against the defacto complainant. The date of occurrence is 13.02.2016 and FIR was registered only on 12.11.2016.

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4.Considering the above facts and circumstances of the case and the overt act against of the petitioners and also considering the delay in registering 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 Judicial Magistrate No.I, Madurai and on each of them 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 daily 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. 5.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/- 19/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI SOUTH, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.AK.AZAGARSAMI Advocate SR.No.81937 RJ2 CSL/SS-2/SAR-II/23.12.2016: 2P/6C

ORDER

IN CRL OP(MD) No.23467 of 2016 Date :19/12/2016 https://hcservices.ecourts.gov.in/hcservices/