Divya v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.20762 of 2018

1. DIVYA

2. KALARANI ... PETITIONERS / ACCUSED NO.1 & 2 Vs STATE REPRESENTED BY SUB INSPECTOR OF POLICE, GUDALUR NORTH POLICE STATION, THENI DISTRICTT.

IN CRIME NO. 266 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.SUNDARAPANDIAN Advocate For Respondent : MR.M.ASOKAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 342 and 506(ii) IPC in Crime No.266 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the first petitioner is the daughter-in-law of the defacto complainant and the second petitioner is the mother-in-law of the first petitioner. Due to matrimonial dispute, the first petitioner attempted to enter into the mother-in-law's house, due to which, a wordy quarrel arose between them. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) for the respondent police submitted that no one is injured in this case. 5.Taking into consideration the facts of the case, this Court is 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Uthamapalayam, 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/- 23/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM,THENI DISTRICT

2. DO THRO' THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT

3. THE SUB INSPECTOR OF POLICE GUDALUR NORTH POLICE STATION, THENI DISRICT

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

+1. CC to MR.S.SUNDARAPANDIAN Advocate SR.No.96606

ORDER

IN CRL OP(MD) No.20762 of 2018 Date :23/11/2018 MK/PN/SAR 4/28.11.2018/3P/6C