1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11593 of 2011 MUMTAJ BEGAM ... PETITIONER/ACCUSED NO.2 Vs STATE THROUGH THE INSPECTOR OF POLICE SOMARASAMPETTAI ALL WOMEN POLICE STATION TRICHY DISTRICT CR.NO.13/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.ALAGUMANI Advocate For Respondent : MR. A. RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused No.2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498 (A),506(i) and 294(b) I.P.C. in Crime No.13 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned Counsel for the petitioner would submit that on the basis of complaint given by the de-facto complainant the case has been registered under Sections 498(A),506(i) and 294(b) I.P.C. against her husband and mother-in-law. The mother-in-law is arrayed as A2 who is the petitioner herein. He further submitted that the de-facto complainant left the matrimonial home voluntarily and a false case has been registered and the investigation is considerably over and hence, he prays for anticipatory bail. 3.The learned Additional Public Prosecutor would submit that the marriage was performed on 22.10.2009 and no child was born to them and the case has been registered on 12.08.2011 and A1 was arrested and enlarged on bail and the investigation is going on and hence he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Considering the rival submissions made on both sides it could be seen that the marriage was performed between the first accused and the de- facto complainant on 22.10.2009 and the complaint was given on 12.08.2011 against the petitioner as well as her son who is the husband of the de- facto complainant. Already A1/husband of the de-facto complainant was arrested and enlarged on bail. Since the petitioner is the mother-in-law and furthermore the investigation is considerably over and even though the petitioner was not arrested she neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail in the event of her arrest or on her appearance before the learned Judicial Magistrate No.V, Trichy, and on her executing 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 Judicial Magistrate No.V, Trichy, and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6.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, anticipatory bail petition stands dismissed. sd/- 13/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.V, TRICHY 2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY 3 THE INSPECTOR OF POLICE, SOMARASAMPETTAI ALL WOMEN POLICE STATION TRICHY DISTRICT 4 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. R.ALAGUMANI Advocate SR.No.31230 ORDER IN CRL OP(MD) No.11593 of 2011 Date :13/09/2011 https://hcservices.ecourts.gov.in/hcservices/ 3 TR : 19.09.2011: 2p/6c https://hcservices.ecourts.gov.in/hcservices/