R.Rajaraman v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Eighth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19079 of 2021 1 R.RAJARAMAN [ PETITIONERS / ACCUSED ] 2 RAVICHANDRAN 3 RAJALAKSHMI Vs THE INSPECTOR OF POLICE, [ RESPONDENT ] D-2 REDDYCHAVADI POLICE STATION, CUDDALORE, CUDDALORE DISTRICT.
(CRIME NO.NOT KNOWN OF 2021) For Petitioner : M/S U.KARUNAKARAN Advocate For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) For Intervenor : MR.VENKATESH MOHANRAJ FOR MR.PRABHAVATHI Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Section 365 IPC in Cr.No.not known of 2021, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that based on the complaint lodged by the defacto complainant, who is wife of the first petitioner, before the respondent Police, alleging that he has taken custody of the child by abduction, this case has been registered against the petitioners.
3.The learned counsel appearing for the petitioners submitted that the petitioner's marriage with the defacto complainant was a love cum arranged marriage and it was solemnized on 01.11.2007. They begotten two children, a Son namely Shravan, aged 10 years and a daughter namely Thithi, aged 8 years. It is alleged by the petitioners that after birth of the 2nd child, the defacto complainant started having affair with a person Deena Dayalan. Thereafter she left the company of the 1st petitioner and started to live with the said person along with the children and the defacto complainant
secretly vacated her house and moved to another house in Mangadu. In March 2021, his son completed his 5th standard and daughter Thithi, completed her 3rd standard in M/s.Srimathi Sundaravalli Memorial School in Chrompet. After that, since the defacto complainant moved to Managdu, the petitioner in order to take care of the welfare and education of the children, got admission for both children in M/s.Narayana Olympiad School, at Vanagaram. Further unfortunately, the defacto complainant did not allow the children to attend the online classes in the said School in Vanagaram.
4. It is further submitted that the defacto complainant has involved in adultery continuously for the past 3 years from 2018 to 2021. Even the said Deena Dayalan's wife had also applied for divorce from him for the same reason. It is therefore necessary that the custody of the child to the first petitioner is expedient to put them in proper school and hence he has taken the custody of his child for welfare of the children and prays for grant of anticipatory bail.
5. The learned counsel appearing for the intervenor submitted that the defacto complainant met with an accident and undergone hip replacement surgery and she is unable to maintain herself and therefore, she filed a maintenance petition before the competent Court. In order to wreck vengeance against the defacto complainant, the 1st petitioner Husband illegally entered the defacto complainant's house and unlawfully taken custody of the children and hence strongly opposed to grant anticipatory bail to the petitioners. 6.The learned Government Advocate (Crl.Side) submitted that it is purely a family dispute and the investigation is pending in this case and now FIR number has been assigned for the complaint given by the defacto complainant, in Cr.No.205/2021.
7. Considering the facts and circumstances of the case that admittedly the 1st petitioner is the Father of the Children and he is providing education to the children by getting admission for them in M/s.Narayana Olympiad School, at Vanagaram, and further considering the fact that the children has also showed their inclination to go along with the father, I am inclined to grant anticipatory bail to the petitioners.
8.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Cuddalore District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (c)the petitioners shall report before the respondent police as and when required;
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond either during investigation or trial;
(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 08/10/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE NO.II, CUDDALORE.
2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION] 3 INSPECTOR OF POLICE D-2 REDDYCHAVADI POLICE STATION, CUDDALORE,CUDDALORE DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S U.KARUNAKARAN Advocate on payment of necessary charges SR.NO.11309 CRL OP.19079/2021 Date :08/10/2021 CSK 25/10/2021