M.D.Shanmugam@Gavaskar v. Inspector Of Police

Crl.OP.No.9387 of 2023 K. KUMARESH BABU, J.

The petitioner, who apprehends arrest at the hands of the respondents in connection with Crime No.147 of 2023 under Sections 498-A, 406, 323, 504, 506, 34 IPC pending on the file of the respondents police, seeks anticipatory bail.

2. The case of the prosecution is that the 1st petitioner and the de-facto complainant are husband and wife. The marriage between the de-facto complainant and the 1st petitioner was solemnized on 21.06.2010 and out of the wedlock a boy was born on 23.03.2012 . While that being so, the de-facto complainant left the matrimonial house and left to Mumbai along with the child. The 1st petitioner took all steps to resume the conjugal rights, whereas, all the efforts went in vain. Thereafter, the 1st petitioner filed a divorce petition in H.M.O.P.No.150 of 2022 before the Sub-Judge, Kallakurichi, in which the de-facto complainant was set ex-parte. Thereby, the de-facto complainant lodged a complaint against 1/4

the petitioners.

3. The learned counsel for the petitioners would submit that the petitioners has been falsely implicated in the case and he has nothing to do with the said allegations. He would further submit that Interstate Anticipatory bail may be granted to him to enable him to move to the appropriate jurisdictional Court in Mumbai for necessary relief by 17.06.2023.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant inter-state interim anticipatory bail to the petitioner till 17.06.2023 from today to enable them to move to the concerned Court. Till such time the respondents/ police shall not take any coercive steps to secure the accused.

5. Accordingly, interim interstate anticipatory bail is granted to the petitioners for a period till 17.06.2023, on condition that the petitioners shall surrender before the Judicial Magistrate, Sankarapuram 2/4

within a period of fifteen days from the date on which the order copy made ready and the petitioner shall execute 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 said learned Magistrate. Further, within two weeks from the date of execution of bail bond, the petitioner shall approach the competent Court in Mumbai and seek appropriate relief.

6. In view of the above directions, this Criminal Original Petition is disposed of.

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K. KUMARESH BABU, J.

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