V.Manimegalai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.10034 of 2021 V.Manimegalai ... Petitioner/Accused A7 Vs State through The Inspector of Police, Kombai Police Station, Theni District.

In Cr.No.279 of 2021 ... Respondent/Complainant For Petitioner : M/S.GAYATHRI, Advocate for Mr.William Christopher.J, Advocate.

For Respondent : Mr.T.Senthilkumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 279 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 306 r/w Section 116 IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act 2002 altered into 306 IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act 2002 in Crime No.279 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that due to property dispute, the petitioner and other accused abused the defacto complainant by criticizing her character and therefore, the defacto complainant poured kerosene and set fire on herself and succumbed due to the burn injuries, on 27.06.2021.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the deceased and there was a motive between the defacto complainant's family and petitioner's family with regard to the property, which was also admitted in the complaint of the deceased.

4.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.side) appearing for the respondent police. 5.Considering the facts and circumstances of the case and the nature of allegation levelled against the petitioner and also the fact that there was a property dispute between the parties, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is allowed and 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, (*)Bodinayakkanur, on condition that the petitioner 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 learned Magistrate concerned and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before respondent police daily at 10.30 am., until further orders.

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioner shall not abscond either during investigation or trial.

[e]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]. [f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 06/08/2021 (*)Amended as per order of this Court dated 06/09/2021 in CRL MP(MD) No.6647 of 2021 in CRL OP(MD) No.10034 of 2021.

/ TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO TO BE SUBSTITUTED WITH THE ORDER DATED 06/08/2021 ALREADY DESPATCHED.

(*)1.THE JUDICIAL MAGISTRATE, BODINAYAKKANUR.

2.THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

3.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

4.THE INSPECTOR OF POLICE, KOMBAI POLICE STATION, THENI DISTRICT.

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

+1cc to Mr.William Christopher.J, Advocate, Sr.No.25686

ORDER

IN CRL OP(MD) No.10034 of 2021 Date : 06/08/2021 VB/VR/SAR.III/18.08.2021/3P/6C MK/PN/SAR.IV/15.09.2021/3P/6C