Madras High CourtCRL OP(MD)/11922/2019partly allowed

Sibivyas v. The Inspector Of Police

2019-09-12Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.11922 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.11922 of 2019

1. Sibivyas,

2. Nagarajan, 3.Vijaya, ... Petitioners/Accused Rank not known Vs The State rep.by The Inspector of Police, All Women Police Station, Kanyakumari District.

(In Crime No. Not Known of 2019) ... Respondent/Complainant For Petitioners : M/s. L. George Paul Anto, Advocate.

For Respondents : Mr.A.Robinson, Govt. Advocate (Crl.Side) For Intervenor : Mr.M.P.Senthil, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail In Crime No.Not Known of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences under sections 498(A), 420, 294 (B), 342, 323 and 506(ii) of I.P.C. and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.17 of 2019, seek anticipatory bail.

3.The petitioners' counsel not presses the petition as far as the first petitioner is concerned. The allegations are primarily https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.11922 of 2019 directed only against the first petitioner. The petitioners 2 and 3 are only in-laws. Hence, this criminal original petition stands dismissed as regards the first petitioners and the petitioners 2 and 3 are ordered to be release on anticipatory bail with certain conditions. Accordingly, petitioners 2 and 3 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Additional Mahila Court, Nagercoil, and on their executing 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 on further condition that the petitioners 2 and 3 shall appear before the respondent police as and when required for interrogation. The petitioners 2 and 3 shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

4. The petitioners 2 and 3 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/- 12/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, NAGERCOIL.

2 DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KANYAKUMARI, KANAYKUMARI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.M.P.SENTHIL, Advocate ( SR-15427[I] dated 16/09/2019 ) +1 CC to M/s.L.GEORGE PAUL ANTONY, Advocate ( SR-15474[I] dated 16/09/2019 )

ORDER

IN CRL OP(MD) No.11922 of 2019 IAS Date :12/09/2019 AE/SKN/SAR-IV (18.09.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2