Kamala v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventh day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.6060 of 2016 1 KAMALA 2 KOKILA ... PETITIONERS/ACCUSED 4 & 5 Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT, CR NO. 8/2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S G.THALAIMUTHARASU 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), 494 I.P.C., and Section 4 of Dowry Prohibition Act, in Crime No.8 of 2016, on the file of the respondent Police, seek anticipatory bail.
2. Heard Mr.G.Thalaimutharasu, learned counsel appearing for the petitioners / accused 4 and 5 and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.
3. It is seen that the first accused in this case got married to the de facto complainant on 10.08.1999 and account of matrimonial discard they got estranged. On the complaint lodged by the de facto complainant, the respondent Police have registered the present case, in Crime No.8 of 2016. The petitioners / accused 4 and 5 are sisters of the first accused.
4. Taking into consideration the nature of allegations made against the petitioners / accused 4 and 5, 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 Judicial Magistrate No.I, Kovilpatti, on condition that each of the https://hcservices.ecourts.gov.in/hcservices/
petitioners / accused 4 and 5 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 / accused 4 and 5 shall report before the respondent Police as and when required for interrogation.
(ii)the petitioners / accused 4 and 5 shall not tamper with evidence or witness either during investigation or trial.
(iii)the petitioners / accused 4 and 5 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 4 and 5 in accordance with law as if the conditions have been imposed and the petitioners / accused 4 and 5 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/- 07/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I,KOVILPATTI 2 THE CHIEF JUDICIAL MAGISTRATE,TUTICORIN 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KOVILPATTI,THOOTHUKUDI DISTRICT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.6060 of 2016 Date :07/04/2016 AA/SKS-RR/SAR-I/13.04.2016/2p-5c https://hcservices.ecourts.gov.in/hcservices/