Madras High CourtCRL OP(MD)/21038/2021ordered

Murugalakshmi v. The Inspector Of Police

2021-12-29Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CRL OP(MD). No.21038 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.21038 of 2021

1. Murugalakshmi

2. Alagarsamy

3. Manickaraj ... Petitioners/Accused No.5,6 & 7 Vs The State rep.by, The Inspector of Police, All Women Police Station, Kovilpatti, Thoothukudi District (Crime No.11 of 2021) ... Respondent/Complainant For Petitioner : Mr.B.Senthil Kumar, Advocate. For Respondent : Mr.K.Sanjay Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.11 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 417, 376, 506(ii) of IPC and Section 5(1) r/w 6 of POCSO Act, in Crime No.11 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the first accused on the false promise of marrying the defacto complainant, committed sexual intercourse with her and thereafter, cheated her. Therefore, the present case came to be registered.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. The petitioners have not committed any offence as alleged by the prosecution. He would further submit that since the petitioners are relatives of the first accused, they have been falsely implicated in this case and the accused Nos.2,3 and 4 have already been granted anticipatory bail by this Court in Crl.O.P.(MD).No.17221 of 2021 on 08.11.2021.

4. Heard the learned Government Advocate (Crl.Side) appearing for the respondent.

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CRL OP(MD). No.21038 of 2021 5.Considering the facts and circumstances of the case, the fact that the accused Nos.2, 3 and 4 have already been granted anticipatory bail by this Court and that the petitioners are the relatives of the first accused, this Court is inclined to grant bail to the petitioners, however, with stringent conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate No.1, Kovilpatti, Tuticorin District, and on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand 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, for a period of one month and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 29/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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.

TO 1 THE JUDICIAL MAGISTRATE NO.I KOVILPATTI, TUTICORIN DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.21038 of 2021 Date :29/12/2021 ssb MK/JM/SAR.II/03.01.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2