1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11653 of 2011 1 SR. MARIAMMAL 2 RENGI @ MARIA NESAM ... PETITIONER/ACCUSED No.1 & 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE PERUMALPURAM POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.357/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. G.R.EDMUND Advocate For Respondent : MR.A.RAMAR, Addl.Public Prosecutor ( Crl. Side) For Intervenor : MR.T.LAJAPATHI ROY, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.1 & 2 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 306 r/w 511 I.P.C. in Crime No.357 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned Counsel for the petitioner would submit that the first petitioner is the mother superior of St.Anns Home and the second petitioner is the relative of the first petitioner. The case was registered against them under Sections 306 r/w 511 IPC and on the basis of complaint given by the de-facto complainant one Selvamani and hence they apprehend arrest. Since she has not paid the fees along with others, the petitioners herein demanded the sum. Hence she was forced to consume ten tablets for committing suicide but she was rescued. On the basis of complaint given by the victim the case has been registered against the petitioners and hence, they pray for enlargement on anticipatory bail. 3.The learned Counsel appearing for the intervenor would submit that the Institution is running for free of cost but they forced to collect the fees from the de-facto complainant and hence she was attempted to commit suicide and therefore he prays for dismissal of the petition. 4.The learned Additional Public Prosecutor submitted that since the de-facto complainant has not been able to pay the fees which was demanded https://hcservices.ecourts.gov.in/hcservices/ 2 and hence she was forced to commit suicide and the investigation is going on and therefore he prays for dismissal of this application. 4.Considering the rival submissions on both sides, the alleged occurrence took place on 28.07.2011 and the case has been registered on 31.07.2011 against the present petitioners and the first petitioner is the mother superior of the Institution where the de-facto complainant staying, since she is unable to pay the fees along with four others and she was committed suicide but the attempt was failed. Considering the nature of the incidence and even though the petitioners were not arrested they neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.I, Tirunelveli, and each of them 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.I, Tirunelveli and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6.The petitioners 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/- 09/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I,TIRUNELVELI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI. 3 THE INSPECTOR OF POLICE,PERUMALPURAM POLICE STATION,TIRUNELVELI DT. 4 THE PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. G.R.EDMUND Advocate SR.No.30697 ORDER IN CRL OP(MD) No.11653 of 2011 Date :09/09/2011 PA/13.09.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/