BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.7979 of 2011 VALLIAMMAL ..PETITIONER/ACCUSED NO.2 Vs. STATE REP.BY THE SUB-INSPECTOR OF POLICE VAIYAMPATTI POLICE STATION, MANAPPARAI TALUK, TRICHY DISTRICT. ( CRIME NO.107 OF 2011 ) ..RESPONDENT/COMPLAINANT For Petitioner : M/S.J.ANANDKUMAR Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.2 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 174, 498(A) and 304(b) of I.P.C. in Crime No.107 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 petitioner was charged under Sections 174, 498(A) and 304(b) of I.P.C. and the petitioner is arrayed as A2 and the marriage between the deceased and the first accused taken place on May 2008 and the deceased Malarkodi died in suspicious circumstances and the case has been registered against two persons and the first accused arrested and enlarged on bail and the petitioner is the mother of the first accused and mother-in-law of the defacto complainant and investigation is considerably over and she apprehend for arrest and hence,prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.Side) would submit the marriage between the first accused and the defacto complaint performed in the month of May, 2008 and occurrence has been taken place on 24.4.2011 and the case has been registered under https://hcservices.ecourts.gov.in/hcservices/ Sections 174, 498(A) and 304(b) of I.P.C. against two persons and A1 was arrested and he further submitted that he is not aware as to whether A1 released on bail or not and A1 demanded Rs.50,000/- and motor bike and hence, the alleged occurrence has been taken place and investigation is vigorously going on and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides, the marriage between the first accused and defacto complaint was performed on May 2008 and as per the version of the petitioner's counsel, A1 was enlarged on bail and the case is registered under Sections 174, 498(A) and 304(b) of I.P.C., I am not inclined to grant anticipatory bail to the petitioner. However, I direct the petitioner to surrender before the District and Sessions Judge and file an application for bail and the District and Sessions Judge concerned is directed to consider her bail application as expeditiously as possible. 5.With the above direction, this petition is disposed off. sd/- 05/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE DISTRICT AND SESSIONS JUDGE, TRICHY. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 3 THE SUB-INSPECTOR OF POLICE VAIYAMPATTI POLICE STATION, MANAPPARAI TALUK, TRICHY DISTRICT. +1. CC to M/S.J.ANANDKUMAR Advocate SR.No.26378 akm/08.08.11 /2p-5c/ ORDER IN CRL OP(MD) No.7979 of 2011 Date :05/08/2011 https://hcservices.ecourts.gov.in/hcservices/