B.Rajalakshmi, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of August Two Thousand Eighteen PRESENT THE HON`BLE MR.JUSTICE N.ANAND VENKATESH CRL OP(MD) No.14946 of 2018 B.RAJALAKSHMI, ... PETITIONER / ACCUSED NO.4 Vs STATE REP BY THE INSPECTOR OF POLICE IRUKKANKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CR.NO.192/2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.SARAVANAKUMAR Advocate For Respondent : M/S.M.ANANTHADEVI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehend arrest at the hands of the respondent police for the offence under investigation under Sections 174 Cr.P.C @ 306 of IPC in Crime No.192 of 2017, seek anticipatory bail. 2.The case of the prosecution is that on 11.09.2017 the defacto complainant is alleged to have self immolated herself by pouring kerosene and based on the complaint given by her, First Information Report has been registered by the respondent police in Crime No.192 of 2017 against four persons. The petitioner herein is arrayed as A4.

3. The learned counsel for the petitioner would submit that the defacto complainant made frequent phone calls to the petitioner's husband and the petiitoner warned the defacto complainant not to make any phone calls to her husband. It is stated to be the reason for the defacto complainant for committing suicide.

4.The learned Government Advocate would submit that the the defacto complainant was alive for 18 days and died on 08.09.2018. Dying Declaration was obtained from her wherein she had made specific allegtions against the petitioner to the effect that the petitioner abused her stating that she is attempting to have relationship with her husband.

5. A reading of the Dying Declaration would show that the defacto complainant had called the phone number thinking it to be her father's phone and called twice. This phone number happens to be the phone number of the petitioner's husband and therefore the petitioner questioned the defacto complainant and warned her not to make any phone calls. The defacto complainant/ deceased become very sensitive about her being questioned by the petitioner and had committed suicide by self immolation and the investigation is pending.

5.Taking note of the facts and circumstances, 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 his appearance before the learned Judicial Magistrate No.II, Sattur and on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 every monday and friday at 10.30 a.m until 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 made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 24/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR.

DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILIPUTTUR.

THE INSPECTOR OF POLICE IRUKKANKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.14946 of 2018 Date :24/08/2018 TR/VR/SAR-2 (03/09/2018) 3P/4C