Madras High CourtCRL OP(MD)/12907/2019granted

Deepa v. The Inspector Of Police

2019-09-18Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.12907 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12907 of 2019 Deepa ... Petitioner/Accused No.25 Vs The State, Rep.by Inspector of Police, Melur Police Station, Madurai District (Crime No. 782 of 2018). ... Respondent/Complainant For Petitioner : M/s.S.Mahendrapathy, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.782 of 2018 on the file of the respondent police.

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

2. The petitioner apprehending arrest at the hands of the respondent police for the offences under section 397 of I.P.C. and Section 25(1)(b) of Arms Act, in Crime No.782 of 2019, on the file of the respondent police, seeks anticipatory bail. 3.The petitioner is figuring as A25 in Crime No.782 of 2018, registered on the file of Melur Police Station. It is a serious crime. It appears that the petitioner has also played a role in concealing and transferring the weapon involved. But then, the weapon has been recovered. I am of the view that custodial interrogation of the petitioner is not necessary. The petitioner's counsel undertakes that the petitioner will appear before the respondent daily at 10.30 a.m. for a period of three weeks and cooperate with the investigation.

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CRL OP(MD). No.12907 of 2019 4.The petitioner is a lady. It appears that her husband appears to have played a significant role in the crime. The petitioner is having school going children.

5.Taking note of all these aspects, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Melur, Madurai District, and on her 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 petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of three weeks and thereafter as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6.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 shall stand dismissed.

sd/- 18/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE MELUR MADURAI DISTRICT 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT

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

+1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.87716 ORDER IN CRL OP(MD) No.12907 of 2019 Date :18/09/2019 ias ES/PN/SAR 4/24.09.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2