Allowed

Stella @ Malar Vizhi v. the Inspector of Police

Madras HC9 Sept 2014CRL OP(MD)/14970/2014

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court granted anticipatory bail to the petitioner, sister-in-law of the accused, in an FIR alleging cheating, rape, and threat. Conditional bail was ordered with appearance before police and Magistrate.

What did the court decide?

Petitioner released on bail upon arrest with conditions: daily police appearance for one week, bond of Rs. 10,000 with two sureties, and appearance before Magistrate within 15 days.

Stella @ Malar Vizhi Vs the Inspector of Police — Anticipatory Bail | Madras HC (2014)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Tuesday, the Ninth day of September Two Thousand Fourteen PRESENT

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The Hon`ble Mr Justice K.KALYANASUNDARAM

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CRL OP(MD) No.14970 of 2014

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STELLA @ MALAR VIZHI ... PETITIONER / ACCUSED NO.2

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THE STATE REP.BY THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT. CR. NO. 752 OF 2013. ... RESPONDENT / COMPLAINANT

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For Petitioner : M/S.R.ANAND Advocate

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For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioner, who is arrayed as A2, apprehends arrest at the hands of the respondent police for the alleged offence under Section 417, 376 and 506(i) of IPC. in Crime No.752 of 2013, on the file of the respondent police and hence, seeks anticipatory bail.

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The case of the prosecution is that on 05.10.2013 the first accused had physical relationship with defacto complainant and subsequently, when he refused to marry the defacto complainant, she informed the same to the 2^nd accused for which the 2^nd accused threatened her.

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The learned counsel for the petitioner submitted that the petitioner is the sister-in-law of the first accused and she is nothing to do with the allegation of rape and cheating and the only allegation against the petitioner is that she threatened the defacto complainant, when the first accused refused to marry her.

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The learned counsel further submitted that the petitioner is having two children and due to the pendency of the case, she is not able to take care of the children.

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5.Heard the learned Government Advocate (Criminal side) for the respondent.

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6.Considering the nature of allegations made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

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https://hcservices.ecourts.gov.in/hcservices/

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7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial

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Magistrate II, Kovilpatti and on 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., for a period of one week and thereafter, as and when required, for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

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

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sd/09/09/2014

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/ TRUE COPY /

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Sub-Assistant Registrar (C.S.)

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Madurai Bench of Madras High Court,

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Madurai - 625 023.

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1.THE JUDICIAL MAGISTRATE NO.II,KOVILPATTI.

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2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

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3.THE ADDITIONAL PUBLIC PROSECUTOR,

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MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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4.THE INSPECTOR OF POLICE

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KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.

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+1. CC to M/S.R.ANAND Advocate SR.No.50745

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ORDER IN

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CRL OP(MD) No.14970 of 2014

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Date :09/09/2014

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RG.12.09.2014 2P.6C.

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https://hcservices.ecourts.gov.in/hcservices/

Stella @ Malar Vizhi v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Stella @ Malar Vizhi v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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