Rasi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14160 of 2018 RASI ... PETITIONER/ACCUSED No.2 Vs STATE REP.BY, THE INSPECTOR OF POLICE, KADAMALAIKUNDU POLICE STATION, CR NO.439/2018, THENI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : MR.C.SUSI KUMAR,Advocate For Respondent : MRS.M.ANANTHADEVI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offence punishable under Section 306 I.P.C. in Crime No.439 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the deceased is the wife of the defacto complainant. Due to property dispute, on 29.07.2018 at about 4.15 p.m the first accused and the petitioner herein have gone to the deceased house and abused the deceased with filthy language. The first accused assaulted the deceased with broom stick, un-tolerated the insult, the defacto complainant's wife consumed poison and died in the hospital. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the alleged incident was happened on 29.07.2018 at about 4.15 p.m. Admittedly, the defacto complainant's wife committed suicide by consuming poison on 02.08.2018 at about 11.00 p.m. Therefore, there was no harassment or cruelty to the deceased. He further submitted that the petitioner is an innocent person. He has been falsely implicated in this case. Hence, he prays for anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the facts and circumstances of the case, 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, Aundipatti 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 and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m until further orders. The petitioner shall comply with the conditions 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 14/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTI, THENI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT 3 THE INSPECTOR OF POLICE, KADAMALAIKUNDU POLICE STATION, THENI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.C.SUSI KUMAR Advocate SR.No.15765

ORDER

IN CRL OP(MD) No.14160 of 2018 Date :14/08/2018 PK/VR/SAR-4/21.08.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/