Sarathammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.8984 of 2016 SARATHAMMAL ... PETITIONER/A-2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE TALUK POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.

CRIME NO. 73/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S K.M.KARUNAKARAN Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as Accused No.2, apprehends arrest at the hands of the respondent police for the offences punishable under Section 174 Cr.P.C. @ 498-A and 304(b) IPC, in Crime No.73 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the deceased is the wife of A.1. The petitioner/A.2 and A.1 tortured the deceased demanding dowry and due to the torture made by the accused, the deceased committed suicide by hanging on 04.04.2016. On complaint, initially case has been registered under Section 174 Cr.P.C. and thereafter altered into Sections 498-A and 304(b) I.P.C. 3.The case of the petitioner is that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. Due to serious illness, the deceased committed suicide and R.D.O. Enquiry has been completed and report has been filed.

4.The learned Government Advocate(Crl. side) submitted that due to the harassment made by the accused, the deceased committed suicide and the R.D.O's Report proved the same as dowry death. 5.Considering the facts and circumstances of the case and also https://hcservices.ecourts.gov.in/hcservices/

considering the fact that the R.D.O. conducted an enquiry and filed his report, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate No.II, Kumbakonam and on her 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 as and when required for interrogation. 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/- 17/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KUMBAKONAM.

2 THE CHIEF JUDICIAL MAGISTRATE, THANJORE.

3 THE INSPECTOR OF POLICE, TALUK POLICE STATION,KUMBAKONAM, THANJAVUR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S K.M.KARUNAKARAN Advocate SR.No.31104 SMN CSL/AAL-MPA/SAR-III/20.06.2016 :2P/6C

ORDER

IN CRL OP(MD) No.8984 of 2016 Date :17/06/2016 https://hcservices.ecourts.gov.in/hcservices/