Duraipandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3917 of 2016 1 DURAIPANDI 2 PARVATHAM 3 KRISHNAPANDI 4 RAMESH 5 MAHALAKSHMI 6 YOGALAKSHMI ... PETITIONERS/ACCUSED NO.2 TO 7 Vs STATE THROUGH BY THE INSPECTOR OF POLICE SAMAYANALLUR ALL WOMEN POLICE STATION, CRIME NO. 12 OF 2016, MADURAI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S M.SUBASH BABU 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 petitioners, who apprehended arrest at the hands of the respondent Police for the alleged offences punishable under Sections 498(A), 406, 294(b), 506(i) I.P.C., and Section 4 of Woman Harassment Act, in Crime No.12 of 2016, on the file of the respondent Police, seek anticipatory bail.
2. Heard Mr.M.Subash Babu, learned counsel appearing for the petitioners / accused 2 to 7 and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.
3. It is seen that the petitioners / accused 2 to 7 are the in-laws of the de facto complainant. The de facto complainant got married to Suresh (A1) on 11.09.2013 and they have no issues. It is alleged by the de facto complainant, in her complaint, that she was subjected to cruelty by her husband (A1) and his family members / petitioners (A2 to A7) herein.
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4. Taking into consideration the nature of allegations made against the petitioners / accused 2 to 7, this Court is of the view that
this is a fit case to grant anticipatory bail to them. Accordingly, they are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Additional Mahila Court(J.M.Level), Madurai, on condition that each of the petitioners / accused 2 to 7 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 or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioners 3 and 4 / accused 4 and 5 shall report before the respondent Police daily at 06.30 p.m.
, until further orders and the petitioners 1, 2, 5 and 6 / accused 2, 3, 6 and 7 shall report before the respondent Police as and when required for interrogation. (ii) the petitioners / accused 2 to 7 shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioners / accused 2 to 7 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 petitioners / accused 2 to 7 in accordance with law as if the conditions have been imposed and the petitioners / accused 2 to 7 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 petitioners are complying with the conditions or not.
sd/- 04/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE ADDITIONAL MAHILA COURT (JUDICIAL MAGISTRATE LEVEL), MADURAI. 2 THE INSPECTOR OF POLICE,SAMAYANALLUR ALL WOMEN POLICE STATION, MADURAI DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S M.SUBASH BABU Advocate SR.No.13000 CSL/SK-SKN/SAR-I/10.03.2016/2P/5C
ORDER
IN CRL OP(MD) No.3917 of 2016 Date :04/03/2016 https://hcservices.ecourts.gov.in/hcservices/