Karuppuraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10713 of 2015 1 KARUPPURAJA 2 MUNIYANDI 3 IRULAYEE ... PETITIONER(S) / ACCUSED 1 - 3 Vs STATE REP BY:: THE INSPECTOR OF POLICE THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT. CR. NO. 265 OF 2015. ... RESPONDENT(S) / COMPLAINANT For Petitioner : M/S.S.RAVI Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 3, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 498(A) and 506(i) of the Indian Penal Code and also under Section 4 of Women Harassment Act in Crime No.265 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the defacto complainant, after the demise of her husband she claimed partition with the accused, who are in-laws, but they refused to give partition and also abused her.

3. The learned counsel for the petitioners submitted that the share of the deceased-husband of the defacto complainant was already settled in favour of her children by a registered settlement deed and thereafter, the defacto complainant had agreed to pay a sum of Rs.50,000/- to the second petitioner for his maintenance, which was also reduced in writing on 15.05.2014.

4. The learned counsel further submitted that when the matter is referred for Mediation and Conciliation Centre, the defacto complainant did not turn up for settlement and he has also submitted that the petitioners are innocent and they have been falsely implicated in this case.

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

6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Manamadurai, Sivagangai District and on each of them 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 first petitioner shall appear before the respondent Police daily at 10.00 a.m., for a period of two weeks and thereafter as and when required for interrogation and the second and third petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

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

sd/- 24/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE MANAMADURAI SIVAGANGAI DIST 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI 3 THE INSPECTOR OF POLICE THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

4 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

1. CC to M/S.S.RAVI Advocate SR.No.41425 DM 27 7 15 2p 6c ORDER IN CRL OP(MD) No.10713 of 2015 Date :24/07/2015 https://hcservices.ecourts.gov.in/hcservices/