Balamani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Balamani, W/o.Sasikumar

2. Malaiselvi, W/o.Kannan ... Petitioners/Accused Nos.4 & 5 Vs The Inspector of Police, Guzilamparai Police Station, Dindigul District.

Cr.No.116/2022.

... Respondent/Complainant For Petitioners : M/s.Rajaselvan R, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.116/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 306 of IPC, in Crime No.116 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. Heard both sides and perused the materials available on records.

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3. On Perusal of FIR, it shows that right from the first day of marriage, the deceased's husband and her in-laws abused the deceased and also harassed her. On 21.06.2022, the first accused's mother prevented the deceased not to fetch water from his pipe line and also the first accused's mother scolded and abused the deceased, due to which, the deceased committed suicide. Hence, the complaint.

4. A dying declaration was recorded from the deceased in the hospital, wherein a specific allegation has been pointed out against these petitioners' mother alone and no specific allegation with regard to the above said issue made against these petitioners. 5.Considering the facts and circumstances of the case and also the fact that the no specific allegation made against these petitioners in the dying declaration, this Court is inclined to grant bail to the petitioners, however, with stringent conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Vedasandur, Dindigul District, and on their 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 the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 04/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA 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.

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TO

1. The Judicial Magistrate, Vedasandur, Dindigul District.

2. Do Through The Chief Judicial Magistrate, Dindigul.

3. The Inspector of Police, Guzilamparai Police Station, Dindigul District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.RAJA SELVAN, Advocate ( SR-6631[I] dated 06/07/2022 )

ORDER

IN CRL OP(MD) No.11867 of 2022 Date : 04/07/2022 TR/VR/SAR-II(20.07.2022) 3P 6C 3/3