Vaithiswari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Vaithiswari, ... Petitioner/Accused No.2 Vs State Rep by The Inspector of Police, Fort All Women Police Station, Trichy City.

Crime No. 14 of 2018.

... Respondent/Complainant For Petitioner : M/s.Arunraj K, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.14 of 2018 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.2 who apprehends arrest at the hands of the respondent police for the offence punishable under sections 498 (A), 494 and 506(i) of IPC, in Crime No.14 of 2018 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first accused and the defacto complainant are the husband and wife. A1 married the petitioner herein as second wife when the defacto complainant alive and living with her in Chennai. When the same was questioned by the defacto complainant, the first accused said to have threatened her with dire consequences. Hence, this complaint. 1/3

3.The learned counsel for the petitioner would submit that the petitioner is innocent and she has not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) would submit that the first accused, who is the husband was granted anticipatory bail by this Court, with the condition to pay maintenance amount of Rs.4,000/- per month. But, whether that amount was paid or not. 5.The learned counsel for the petitioner would submit that for the last 5 months maintenance amount has been paid to the defacto complainant and the first accused continue to pay the amount properly.

6.Considering the facts and circumstances of the case and also considering the limited allegation made against the petitioner and co-accused has already been granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail, on executing a personal 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 Judicial Magistrate, Additional Mahila Court, Trichy, and on further condition that the petitioner shall report before the respondent police as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously.

sd/- 10/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

dss Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO

1. The Judicial Magistrate, Additional Mahila Court, Trichy.

2. Do-Through The Chief Judicial Magistrate, Trichy District.

3. The Inspector of Police, Fort All Women Police Station, Trichy City.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-9142[I] dated 13/12/2021 ) ORDER IN CRL OP(MD) No.19325 of 2021 Date : 10/12/2021 TR/JC/SAR-II(16.12.2021) 3P 6C 3/3