N. Jenifer @ Rekha v. The Sub Insepctor Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2482 of 2016 N.JENIFAR @ REKHA ... PETITIONER/ACCUSED Vs.
STATE REP.BY THE SUB INSEPCTOR OF POLICE ALL WOMEN POLICE STATION, THOOTHUKUDI DISTRICT.
CR NO.56 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.R.ANBARASU Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehended arrest at the hands of the respondent Police for the alleged offences punishable under Sections 294(b), 498(A), 451, 506(i) IPC and Section 4 of TNPHW Act in Crime No.56 of 2015, on the file of the respondent Police, seeks anticipatory bail.
2. Heard Mr.S.R.Anbarasu, learned counsel appearing for the petitioner / A2 and Mr.A.P.Balasubramani, learned Government Advocate appearing for the State.
3. The first anticipatory bail filed by the petitioner in Crl.O.P.(MD).No.668 of 2016 was dismissed on 19.01.2016. On a reading of the First Information Report, it is seen that the defacto complainant alleged that she got married to Mahendran @ Mahesh/A1 on 12.02.2012 and their marriage ran into a rough weather. It is further alleged by the defacto complainant that her husband is having a illicit affair with the petitioner herein.
4. Taking into consideration the nature of allegations made against the petitioner / A2, this Court is of the view that this is a fit case to grant anticipatory bail to the petitioner / A2 Accused. Accordingly, she is ordered to be released on bail in the event of arrest 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 No.I, Tuticorin, on condition that the petitioner /A2 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 to the Police Officer, who intends to arrest https://hcservices.ecourts.gov.in/hcservices/
or to the satisfaction of the learned Magistrate concerned and on further condition that:
(i) the petitioner / A2 shall report before the respondent Police daily at 10.30 a.m. until further orders.
(ii) the petitioner / A2 shall not tamper with evidence or witness either during investigation or trial.
(iii) the petitioner / A2 shall not abscond either during investigation or trial.
(iv) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner / A2 in accordance with law as if the conditions have been imposed and the petitioner / A2 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].
5. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not. sd/- 11/02/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.I, TUTICORIN.
2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE SUB INSEPCTOR OF POLICE ALL WOMEN POLICE STATION, THOOTHUKUDI DISTRICT. +1. CC to M/S S.R.ANBARASU Advocate SR.No.8477 akm/15.02.2016/2p-6c/SKN/SK/SAR-I
ORDER
IN CRL OP(MD) No.2482 of 2016 Date :11/02/2016 https://hcservices.ecourts.gov.in/hcservices/