Jenibar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice G.CHOCKALINGAM CRL OP(MD) No.6577 of 2016 1 JENIBAR 2 ANTONY RAJ KUMAR ... PETITIONER / ACCUSED No.4&5 Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALAYAMKOTTAI CITY,TIRUNELVELI DISTRICT.

CR.NO. 6 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.GOKULRAJ Advocate For Respondent : Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A4 & A5, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A) and 506(i) IPC, in Crime No.6 of 2016 on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and a false case has been foisted against them. He further submitted that they are ready to give substantial sureties to release them on bail. Therefore, the learned counsel prays for enlargement of the petitioners on anticipatory bail.

3. Heard the learned Government Advocate (Crl.side) appearing for the State. He would contended that the investigation is pending, if the petitioners are released on bail, it will affect the entire case, hence the petition has to be dismissed and he has also produced the case diary.

4. On a perusal of the averments made in the petition for anticipatory bail, it is seen that a case in Crime No.6 of 2016 was registered on 11.04.2016 for the alleged offences punishable under Sections 498(A) and 506(i) IPC. Further perusal of the case diary https://hcservices.ecourts.gov.in/hcservices/

reveals that the petitioners herein, A4 and A5 are seems to be innocent. Hence, this Court is of the view that the petitioner can be enlarged on anticipatory bail subject to certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.1, Tirunelveli, and on executing 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police, on all working days at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 25/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.

THE JUDICIAL MAGISTRATE-I TIRUNELVELI

2. -do- thro' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3.

THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALAYAMKOTTAI CITY, TIRUNELVELI DISTRICT.

4.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S S.GOKULRAJ Advocate SR.No.23790

ORDER

IN CRL OP(MD) No.6577 of 2016 Date :26/04/2016 PJL SH/AAL-MPA/SAR-I:28.04.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/