M.Koodalingam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. M.Koodalingam

2. Annathai

3. Marithai ... Petitioners/Accused Nos.2,3,4 Vs State Rep.by The Inspector of Police, Maraneri Police Station, Virudhunagar District, Crime No.105/2023 ... Respondent/Complainant For Petitioners :

M/s.T.Mahalinga Arivalagan, Advocate.

For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor For Intervenor :

Mr.S.Ponsaravanan, Advocate.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.105 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/Accused No.2, 3 & 4, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 306 and 304(B) of IPC, in Crime No.105 of 2023 on the file of the respondent police, seek anticipatory bail.

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2.The case of the prosecution is that the defacto complainant is the father of the deceased. The deceased and the first accused are husband and wife. At the instigation of these petitioners the first accused harassed the deceased verbally and physically demanding money. On the date of occurrence the deceased herself hung in the fan in her matrimonial home. On suspicion over the death of his daughter the present complaint has been lodged.

3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. The petitioners are only in-laws of the deceased.

4.The learned Additional Public Prosecutor for the respondent police submitted that initially the FIR was registered under Section 174 of Cr.P.C. and later on enquiry it was altered into Sections 306 and 304(B) of IPC. 5.Considering the nature of offence, the overt act attributed against the petitioners and the petitioners are being in-laws, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand 2/4

only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. 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/- 05/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAKASI, VIRUDHUNAGAR DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.

3 THE INSPECTOR OF POLICE, MARANERI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

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ORDER

IN CRL OP(MD) No.14743 of 2023 Date :05/09/2023 RS/JGB/SAR-(12.09.2023) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4