Kingsley Vinoth v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN 1.Kingsley Vinoth 2.Stanley Rayam Maheyar 3.Esther Jeyarani 4.Andrew Tony Vimal 5.Mahima Jebarani ... Petitioners/A1 to A5 Vs The State rep.by The Inspector of Police, All Women Police Station, Thallakulam, Madurai City.

Crime No.53 of 2019. ... Respondent/Complainant For Petitioners : M/s.R.Ganesan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervenor : Mr.V.Vishnu, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.53 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners, learned counsel appearing for the intervenor and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 498(A), 406 and 506(i) of I.P.C., in Crime No.53 of 2019 on the file of the respondent police, seek anticipatory bail.

3. The first petitioner is the husband, while the other petitioners are in-laws.

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4.The case of the defacto complainant is that she got married to the first petitioner in the year 2003 and that, they are having a male child and a female child.

5.The defacto complainant had specifically alleged that she had been subjected to cruelty in several ways and that, the first petitioner was also having an illicit intimacy with one close relative and that, it was all recorded in the mobile phone of the first petitioner.

6.Serious allegations have been made against the first petitioner. Therefore, I am not inclined to grant relief to the first petitioner. Since the petitioners 2 to 5 are only in-laws, I am inclined to grant relief to the petitioners 2 to 5. Anticipatory bail is granted as far as the petitioners 2 to 5 are concerned. Anticipatory bail is dismissed as regards the first petitioner. This criminal original petition is partly allowed.

7. Accordingly, the petitioners 2 to 5 are ordered to be released on bail in the event of arrest or on their appearance before the learned Additional Mahila Court, Madurai, and on their executing 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 learned Magistrate concerned and on further condition that the petitioners 2 to 5 shall appear before the respondent police as and when required for interrogation. The petitioners 2 to 5 shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

8. The petitioners 2 to 5 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 shall stand dismissed.

sd/- 20/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDGE, ADDITIONL MAHILA COURT, MADURAI.

2.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI CITY.

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3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.GANESAN Advocate SR.No.973

ORDER

IN CRL OP(MD) No.348 of 2020 Date :20/01/2020 rmi TK/VR/SAR.2/22.01.2020/3P/5C 3/3