Sathiya Sheela v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL CRL OP(MD). No.16609 of 2023 Sathiya Sheela, ... Petitioner/Accused No.9 Vs State rep. by The Inspector of Police, Cbcid South Police Station, Sivagangai District.

Crime No. 1 of 2023.

... Respondent/Complainant For Petitioner : S.Prabha, Advocate.

For Respondent : Mr.M.Sakthikumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 1 of 2023 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 211, 384, 389 and 306 IPC in Crime No. 1 of 2023 1/3

on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant's husband had already involved in one Crime No.2 of 2022 under the commission of forgery and in this regard, the petitioner herein, who is the investigating Officer has tortured him and hence, the deceased had committed suicide. Hence, the present case has been registered against the petitioner.

3.The learned counsel for the petitioner would contend that the petitioner is a Investigating Officer as per the direction given by the Deputy Superintendent of Police vide order, dated 30.12.2021 and further, she had done her duty accordance with law. He would further submit that she has not committed any offence as alleged by the prosecution and her name has been falsely implicated in this case, hence he seeks anticipatory bail.

4. The learned Additional Public Prosecutor would submit that as per the suicide note of the deceased only the petitioner herein arrayed as accused and the investigation of the case is pending and hence, he strongly objected to grant anticipatory bail to the petitioner.

5. Heard both side and perused the materials available on record.

6. Considering the rival submissions on either side and also considering the serious nature of offence and also considering the fact that the investigation of the case is not yet completed, this Court is not inclined to grant anticipatory bail to the 2/3

petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. sd/- 22/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Trp TO

1. The Inspector of Police, Cbcid South Police Station, Sivagangai District.

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

ORDER

IN CRL OP(MD) No.16609 of 2023 Date :22/09/2023 SSA/VRS/12.10.2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3