Ayyammal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23715 of 2016 AYYAMMAL ... PETITIONER /ACCUSED 3 Vs STATE REPRESENTED THROUGH THE INSPECTOR OF POLICE ELUMALAI POLICE STATION, MADURAI DISTRICT, (CRIME NO. 277 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.A.JAYARAMACHANDRAN Advocate For Respondent : M/S.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 306 of IPC., in Crime No.277 of 2016, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner abetted the deceased to commit suicide.
3. The learned counsel for the petitioner would submit that initially the case was registered under Section 174(3) of Cr.P.C., and thereafter, the said Section was altered into Section 306 of IPC., after the deceased committed suicide by consuming poison before the Panchayators. He would submit that the petitioner is mother-in-law of the deceased and she is an innocent.
4. The learned Government Advocate (crl.side) appearing for the respondent submitted that totally there are seven accused in this case. The petitioner is A3. The petitioner, who is the mother-inlaw of the deceased along with other accused, abetted the deceased to commit suicide He would further submit that A4 to A6 were already granted anticipatory bail by this Court in Crl.O.P.(MD)No.22483 of 2016, dated 28.11.2016 and A7 was granted anticipatory bail by this Court in Crl.O.P.(MD)No.21777 of 2016, dated 16.11.2016.
5. Considering the above facts and circumstances of the case and also considering the fact that the co-accused were already granted anticipatory bail by this Court and also considering the period of incarceration of the petitioner, this Court is inclined to https://hcservices.ecourts.gov.in/hcservices/
grant anticipatory bail to the petitioner subject to certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, before the learned Judicial Magistrate No.II, Usilampatti 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m., until further orders, for interrogation. 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 23/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO.II USILAMPATTI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE ELUMALAI POLICE STATION, MADURAI DISTRICT, +1. CC to M/S.A.JAYARAMACHANDRAN Advocate SR.No.83275 RL/6C/2P/CK/SAR3/23.12.2016
ORDER
IN CRL OP(MD) No.23715 of 2016 Date :23/12/2016 https://hcservices.ecourts.gov.in/hcservices/