Madras High CourtCRL OP(MD)/18217/2015disposed of

B. Piriyatharshini v. The Insepector Of Police

2015-09-29Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18217 of 2015 1 B. PIRIYATHARSHINI 2 B. RAGURAM 3 B. JEYALAKSHIMI ... PETITIONERS / ACCUSED NO.1,2,3.

Vs THE STATE REP.BY THE INSEPECTOR OF POLICE (LAW AND ORDER) THALLAKULAM POLICE STATION, MADURAI,IN CR.NO.606/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.GUNASEKARAN Advocate For Respondent : Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 to A3, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 448, 294(b), 323, 506(i) and 380 of I.P.C., and Section 4 of TNPHW Act, in Crime No.606 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that the de-facto complainant is the second wife of one Balakrishnan, who is the husband of the third petitioner and on 03.04.

2015 the petitioners trespassed into the house of the de-facto complainant and stolen jewels and cash. 3.The learned counsel for the petitioners submitted that the third petitioner's husband viz., Balakrishnan purchased two properties in door No.7 in B.B.Kulam, Madurai and in door No.65A in Narimedu Main Road, Madurai. The learned counsel further submitted that after the demise of the third petitioner's husband, his own brother had claimed right over the property in door No.7 and due to the dispute, the petitioners were attacked for which, a criminal case has been registered against the de-facto complainant. The learned counsel further submitted that with regard to the property in Door NO.

65A, one Muthmari claiming to be the second wife of the first petitioner's husband and trespassed into the property and also assaulted the petitioners, for which, a criminal case has been registered against her.

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4.Heard the learned Government Advocate (Crl.side)appearing for the State.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.II, Madurai and on each of them 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 shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners 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/- 29/09/2015 / 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 DO THRO'THE CHIEF JUDICIAL MAGISTRATE MADURAI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSEPECTOR OF POLICE (LAW AND ORDER) THALLAKULAM POLICE STATION, MADURAI +1. CC to M/S.P.GUNASEKARAN Advocate SR.No.57192

ORDER

IN CRL OP(MD) No.18217 of 2015 Date :29/09/2015 rg.01.10.2015/JGB/DP//SAR-I 2P/6C https://hcservices.ecourts.gov.in/hcservices/