Rashiya Banu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Rashiya Banu ... Petitioner/ Accused Rank not known Vs The Inspector of Police, All Women Police Station, Thanjavur, Thanjavur City.
(In Crime No. not known of 2024).
... Respondent/Complainant For Petitioner : Mr.V.Selvakumar, Advocate For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. Not known of 2024 on the file of the Respondent Police.
1/5
ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.not known of 2024, for the offence punishable under Sections 294(b), 498(A) and 506(ii) IPC, has filed this petition seeking anticipatory bail.
2. The case of the prosecution is that due to matrimonial dispute, the petitioner along with the defacto complainant's husband, abused the defacto complainant, snatched the dowry jewelry, which were given to her husband and threatened her with dire consequences. Hence, the case.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He further submits that the petitioner is the sister-in-law of the defacto complainant and she is residing at Thiruvarur District. The defacto complainant who is residing with her husband at Thanjavur District, has already lodged a complaint before All Women Police Station, Papanasam and that was closed as that there was no dowry harassment. However, subsequently, this complaint has been 2/5
entertained by All Women Police Station, Thanjavur. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that no previous case is pending as against the petitioner.
5. Considering the facts and circumstances of the case and also considering the antecedent of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of her arrest or on her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate on condition that (i) the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Thanjavur District. (ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;
3/5
(iii) The petitioner shall appear before the respondent police as and when required for interrogation. She has to co-operate for the investigation. (iv) The petitioner shall not misuse the liberty granted to her by indulging in any further offence and shall not tamper with the prosecution witnesses.
(v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.
sd/- 21/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO
1. THE JUDICIAL MAGISTRATE NO.I, THANJAVUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.
3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THANJAVUR, THANJAVUR CITY. 4/5
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8409 of 2024 Date :21/06/2024 RK/JGB (28/06/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5