High CourtsSingle Bench(2023) 07 MAD CK 0111

Rajakumari vs State

Madras High Court · Decided on 31 July 2023

HON’BLE JUDGES
G.Ilangovan, J
CASE NUMBER
Criminal Original Petition (MD) No. 8895 Of 2023

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Judgment

8 paragraphs · 343 words

G.Ilangovan, J

1.

The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 417 and 376 of IPC in Crime No.4 of 2023, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution as per the defacto complainant's version, she was in affair with one Suryaprakash who is the petitioner's husband now. Later he performed marriage with this petitioner. When that was questioned by the defacto complainant, the petitioner alleged to have scolded the defacto complainant through phone. On the basis of the occurrence, this case was registered.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent, she has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case.

4.

Learned Additional Public Prosecutor would submit that there was a issue between the petitioner's husband who is the first Accused in this case and the defacto complainant.

5.

Considering the limited role played by the petitioner, interim anticipatory bail was granted by this Court during the vacation Court. I find no development in this case and the interim anticipatory bail granted to the petitioner is made absolute and this Court.

6.

Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned District Munsif cum Judicial Magistrate, Orathanadu, Thanjavur District, on condition that the petitioner shall execute a 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 the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.

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.