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Madras High CourtCRL OP(MD)/3530/2016ordered

Sridevi v. The Inspector Of Police

2016-03-02Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3530 of 2016 SRIDEVI ... PETITIONER/ACCUSED NO.1 Vs.

STATE REP.BY THE INSPECTOR OF POLICE THIRUPPATHUR POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO. 123/2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.C.RAMALINGAM Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is in judicial custody from 17.02.2016, for the offences punishable under Sections 306, 201, 506(i) I.P.C., and Section 6(i) of POSCO Act, 2012, in Crime No.123 of 2015, on the file of the respondent Police, seeks bail.

2. Heard Mr.K.C.Ramalingam, learned counsel appearing for the petitioner / first accused and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3. It is seen that the petitioner / first accused was surrendered before the learned Judicial Magistrate, Paramakudi, on 15.02.2016 and produced before the concerned jurisdictional Magistrate on 17.02.2016 and since then she is in incarceration.

4. The learned counsel for the petitioner / first accused has submitted that the petitioner / first accused is in the family way.

5. Taking into consideration the facts and circumstances, this Court is inclined to grant bail to the petitioner / first accused. Accordingly, she is ordered to be released on bail, subject to the following conditions:

(i) the petitioner / first accused 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 learned Additional District Judge, Mahila Court, Sivagangai.

(ii) the petitioner / first accused shall report before the respondent police as and when required for interrogation.

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(iii) the petitioner / first accused shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner / first accused shall not abscond either during investigation or trial. (v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner / first accused in accordance with law as if the conditions have been imposed and the petitioner / first accused 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].

6. 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 condition or not. sd/- 02/03/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE ADDITIONAL DISTRICT JUDGE, MAHILA COURT, SIVAGANGAI. 2 -DO-THRO'THE PRINCIPAL DISTRICT JUDGE, SIVAGANGAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE OFFICER-IN-CHARGE, WOMEN PRISON, TRICHY. 5 THE INSPECTOR OF POLICE THIRUPPATHUR POLICE STATION, SIVAGANGAI DISTRICT. +1. CC to M/S K.C.RAMALINGAM Advocate SR.No.11885 akm/02.03.2016/2p-7c/AAL/MPA/SAR-I

ORDER

IN CRL OP(MD) No.3530 of 2016 Date :02/03/2016 https://hcservices.ecourts.gov.in/hcservices/