Senthilkumar v. Union Territory Rep By

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest for the alleged offence under Sections 498A, 294(b), 506(ii) and 34 of IPC in Cr.No.2 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that on 18.01.2022 the defacto complainant Mageswari gave a complaint before the respondent police that she got married to the petitioner on 12.02.2006 and having two children. Thereafter both were living in the joint family later they went to a separate house due to demand of dowry by the petitioner's brother and mother. The petitioner had developed illegal intimacy with other lady and started to harass the defacto complainant to bring dowry. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence prays for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that the investigation is pending in this case and hence, he opposed to grant anticipatory bail to the petitioner.

5. This Court by order dated 07.12.2022 directed the petitioner and the defacto complainant to appear before this Court along with their child on 14.12.2022. Today, the petitioner is not present. The defacto complainant along with her child were present before this Court and stated that her husband is having illegal intimacy with other lady and there is no source of income to maintain herself and her child. She further stated that her husband is working as a Teacher in Government Higher Secondary School, Madagadipet and drawing salary more than Rs.50,000/-. Considering the facts and circumstances of the case and the conduct of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petition seeking anticipatory bail is dismissed.

However, as the complainant has no income, living with little child, directed the petitioner to give a sum of Rs.12,000/- (Rupees Twelve Thousand Only) to his wife viz., Mageswari's Account No. 6716670924 IFSC No. IDIB000M203, Indian Bank, Madagadipet from January 2023 onwards before 5th of every English Calender month, as interim maintenance to the wife of the petitioner, in the manner known to law. The concerned official of the Government Higher Secondary School, Madagadipet is directed to deduct Rs.12,000/- per month from the salary of the petitioner and credit the said amount to the above said account of the petitioner's wife. 14.12.2022 dpq To

1. The Head Master Government Higher Secondary School, Madagadipet.

2. The Public Prosecutor High Court of Madras.

3. Mrs.Mageshwari No.182, J.M.J.Garden, Kalitheerthalkuppam, Puducherry.

T.V.THAMILSELVI, J.

dpq 14.12.2022