Subbiah v. The Inspector Of Police

CRL OP(MD). No.17679 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.17679 of 2022 Subbiah ... Petitioner/Accused No.1 Vs The Inspector of Police, All Women Police Station, Ramanathapuram..

... Respondent/Respondent For Petitioner : M/s.Asha B, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.15/2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(a), 506(i) and 406 IPC and 4 of DP Act, in Crime Nos.15 of 2021, seeks anticipatory bail.

2. When the matter is taken up for hearing, the learned Government Advocate(Crl.side) appearing for the respondent police submitted that the investigation in Crime No.15 of 2021 has been completed and the charge sheet was filed before the concerned Court. 3.The learned Counsel for the petitioner submitted that the petitioner is living in Netherland. Hence, this Court may grant anticipatory bail to the petitioner without any condition.

4. Considering the facts and circumstances of the case and also the charge sheet was filed before the concerned Court, this Court is inclined to grant anticipatory bail to the petitioner without any condition.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.17679 of 2022 (a) Since the charge sheet was filed before the concerned Court, there shall be a direction to the learned Judicial Magistrate concerned to expedite the trial and dispose of the case on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. The petitioner shall appear before the trial Court for trial process through Vedio Conferrence and if the trial Court needs her personal appearance, the petitioner shall appear before the Court in person. [b]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[c]the petitioner shall not abscond either during investigation or trial.

[d]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. (e)if the accused / petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 06/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, RAMANATHAPURAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, RAMANATHAPURAM.

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

+1. CC to M/S.ASHA B Advocate SR.No.11022

ORDER

IN CRL OP(MD) No.17679 of 2022 Date :06/10/2022 SS/TR/11/10/2022/ 2P 6C https://www.mhc.tn.gov.in/judis 2/2