Soniya v. The Inspector Of Police
CRL OP(MD). No.13371 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13371 of 2022 Soniya ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Kattupudur Police Station, Trichy District (Crime No. 156 of 2022).
... Respondent/Complainant For Petitioner : M/s.KARUNANITHI.M, 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 Crime No.156 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 307 and 309 I.P.C, in Crime No.156 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that marriage between the petitioner and her husband took place four years back and they have two children. Due to the matrimonial dispute between the petitioner and her husband, he went out from the home and hence, the petitioner has given a complaint before the respondent police and thereafter, her husband was traced out and the compromise has been arrived between them. Later, she was frustrated over the said issue and that consumed poison and also given to her children attempted to commit suicide. Therefore, the mother of the defacto complainant has given a complaint that due to frustration only she attempted to commit suicide.
3. The learned counsel for the petitioner submitted that petitioner is innocent. Due to matrimonial dispute only the petitioner has committed the offence.
https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.13371 of 2022
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the investigation of the case is pending.
5. Considering the facts and circumstances of the case and also considering the fact that the present occurrence is said to have arose due to it is a matrimonial dispute, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Thottiyam, Trichy District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. 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 stands dismissed.
sd/- 25/07/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,THOTTIYAM, TRICHY DISTRICT. 2 DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, KATTUPUDUR POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.13371 of 2022 Date :25/07/2022 SA/PN/SAR.4/01.08.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2