Allowed

Divya v. the Inspector of Police

Madras HC20 Apr 2018CRL OP(MD)/6349/2018

Case brief

AI extract

What is this about?

The Madras High Court granted anticipatory bail to the petitioner, accused of the husband's suicide via Section 174 and 306 IPC. The court held custodial interrogation unnecessary, releasing the petitioner on bail with conditions including appearance before the magistrate within 15 days and compliance with Section 438 Cr.P.C.

What did the court decide?

Petitioner released on anticipatory bail subject to executing a bond with two sureties, appearing before Magistrate within 15 days, and complying with Section 438 Cr.P.C. conditions.

Divya Vs the Inspector of Police — Murder and Culpable Homicide | Madras HC (2018)

¶1

¶2

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

¶3

Friday, the Twentieth day of April Two Thousand Eighteen

¶4

PRESENT

¶5

The Hon`ble Mr.Justice G.R.SWAMINATHAN

¶6

CRL OP(MD) No.6349 of 2018

¶7

DIVYA ... PETITIONER / ACCUSED No.1

¶8

¶9

THE STATE REPRESENTED BY THE INSPECTOR OF POLICE CHINNAMANUR POLICE STATION, THENI DISTRICT , IN CR NO. 611/2017 ... RESPONDENT / COMPLAINANT

¶10

For Petitioner : Mr.S.KAMESHWARAN, Advocate

¶11

For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side)

¶12

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

¶13

ORDER : The Court Made the following order :-

¶14

The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Section 174 Cr.P.C @ 306 IPC in Crime No.611 of 2017, seeks anticipatory bail.

¶15

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent Police.

¶16

3.The deceased is the husband of the petitioner. Suspecting that the petitioner is having illegal intimacy with some other person, the petitioner's husband committed suicide.

¶17

4.Considering the nature of the case, custodial interrogation is not required. Therefore, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Uthamapalayam, Theni District and on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned https://hcservices.ecourts.gov.in/hcservices/ Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for

¶18

¶19

interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

¶20

5.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 shall stand dismissed.

¶21

20/04/2018 / TRUE COPY /

¶22

Sub-Assistant Registrar (C.S.)

¶23

Madurai Bench of Madras High Court,

¶24

Madurai - 625 023.

¶25

¶26

1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM,

¶27

THENI DISTRICT

¶28

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI

¶29

3 THE INSPECTOR OF POLICE CHINNAMANUR POLICE STATION, THENI DISTRICT

¶30

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

¶31

+1. CC to M/S.S.KAMESWARAN, Advocate SR.No.6710 GNS JAM/26/04/2018/ PN/GSR/ 2P-6C

¶32

ORDER IN

¶33

CRL OP(MD) No.6349 of 2018

¶34

Date :20/04/2018

¶35

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

Divya v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Divya v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

G.Karthick Vs the Inspector of Police

R.Kumarasamy, Vs the Inspector of Police

P.v.Rajendran Vs the Inspector of Police

Rajiv Gandhi Vs the Inspector of Police

Manimaran Murugan, Vs the Inspector of Police

T. Vijayakumar Vs the Inspector of Police