T. Meenakshi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.20488 of 2018 1 T. MEENAKSHI 2 T. TAMILSELVI ... PETITIONER /(**) ACCUSED NO. 3 & 4 Vs 1 THE STATE THROUGH THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THALLAKULAM POLICE STATION, MADURAI.

((*)IN CR NO. 60 of 2018) ... RESPONDENT / COMPLAINANT 2 T. NAGARANI ... RESPONDENT /DE-FACTO COMPLAINANT For Petitioners : MR.P.GANAPATHI SUBRAMANIAN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A),294(b)(***) 406, 506(i) of IPC in Cr.No.60 of 2018 seek anticipatory bail.

2. The case of the prosecution is that the petitioner's son and the defacto complainant got married during the year 2013. Due to some difference of opinion, one month prior to the registration of the First Information Report, the defacto complainant left the matrimonial home.

3. The learned counsel for the petitioners would submit that the petitioner are the in-laws and they have nothing to with the difference of opinion between their son and the defacto complainant.

4. The learned Government Advocate(Crl.Side) would submit that the petitioners are in-laws and they have nothing to do with the alleged issue.

5. Taking into consideration the facts of the case and the submissions by learned counsels this Court inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.II, Madurai on condition that the petitioners shall execute 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 said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioners shall report before the respondent police as and when required for interrogation [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 20/12/2018 (*)(**)(***) Amended as per order of this Hon'ble Court made in CRL MP(MD)No. 10659/2018 in CRL OP(MD)No. 20488/2018, vide order dated 20.12.2018 by MNKJ.

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

TO 1 THE JUDICIAL MAGISTRATE NO II MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THALLAKULAM POLICE STATION, MADURAI.

+1. CC to MR.P.GANAPATHI SUBRAMANIAN Advocate SR.No.23772

ORDER

IN CRL OP(MD) No.20488 of 2018 Date :20/12/2018 MSI/VR-MMS/SAR-IV/02.01.2019-3P/6C