Madras High CourtCRL OP(MD)/23086/2013granted

Maithili v. The Inspector Of Police

2013-12-20Honourable Mr Justice M. Sathyanarayanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of December Two Thousand Thirteen PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN CRL OP(MD) No.23086 of 2013 MAITHILI ... PETITIONER / ACCUSED No.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARAIKUDI,SIVAGANGAI DISTRICT.

CRIME NO.23/2013. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.VEERA KATHIRAVAN Advocate For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate (Crl. Side) For Intervener : M/S.R.SRINIVASAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- There are totally two accused and this petitioner is arrayed as A2 and apprehending arrest at the hands of the respondent police for the alleged commission of offences punishable under sections 498(A), 494 and 506(ii) IPC and Section 4 of Dowry Prohibition Act, in Crime No.23 of 2013, seeks anticipatory bail.

2. The case of the prosecution is that during the subsistence of the first marriage, A1 married the petitioner/A2 for the second time by means of registered marriage.

3. Learned counsel for the petitioner would submit that the petitioner/A2 is falsely implicated and she has nothing to do with the alleged commission of offences.

4. Learned Government Advocate(Crl. Side) submitted that the investigation is pending.

5. Learned counsel appearing for the intervenor would strongly opposes the application for anticipatory bail by submitting that during the subsistence of the marriage, A1 married the petitioner/A2 for the second time and she along with her in-laws creating all shorts of problems.

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6. Heard the learned counsel appearing for the petitioner; the learned Government Advocate(crl. Side) appearing for the State and the learned counsel appearing for the intervenor and perused the materials available on record.

7. This Court taking into consideration the above facts and circumstances of the case and also considering the fact that the petitioner is a lady, is inclined to enlarge the petitioner/A2 on anticipatory bail. Accordingly, the petitioner/A2 is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Karaikudi and 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 Magistrate concerned and on further condition that the petitioner/A2 shall appear before the respondent police daily at 11.00 a.m. for a period of one week and thereafter, as and when required, for the purpose of interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C., scrupulously.

8. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready failing which, the petition for anticipatory bail stands dismissed.

sd/- 20/12/2013 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.VEERA KATHIRAVAN Advocate SR.No.64032. +1. CC to M/S.R.SRINIVASAN Advocate SR.No.63946.

ORDER

IN CRL OP(MD) No.23086 of 2013 Date :20/12/2013 msm 06.01.2014 p2/7c https://hcservices.ecourts.gov.in/hcservices/