Nithiya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4244 of 2016 NITHIYA ... PETITIONER/ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE SAMAYAPURAM POLICE STATION, TRICHY DISTRICT.

CR. NO.99/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S K.SIVABALAN 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 :- Apprehending arrest at the hands of the respondent police in Crime No.99 of 2016, on the file of the respondent police for offences under Sections 294(b), 323 and 506(ii) IPC, the petitioner is now before this Court seeking Anticipatory Bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 3.It is seen that A1 has been arrested and released on bail and it is a case and counter. The counter case is in Crime No.100 of 2016.

4.Taking into consideration the nature of the allegation against this petitioner, this Court is of the view that it is a fit case for grant of anticipatory bail. Accordingly, anticipatory bail is granted, but with conditions.

5. Accordingly, the petitioner 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.III, Trichy, on executing a separate 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, https://hcservices.ecourts.gov.in/hcservices/

(a) the petitioner shall report before the respondent Police as and when required for interrogation.

[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/- 10/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III,TRICHY 2 THE CHIEF JUDICIAL MAGISTRATE,TRICHY 3 THE INSPECTOR OF POLICE, SAMAYAPURAM POLICE STATION, TRICHY 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S K.SIVABALAN Advocate SR.No.13483

ORDER

IN CRL OP(MD) No.4244 of 2016 Date :10/03/2016 AA/SKS-RR/SAR-I/15.03.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/