Madras High CourtCRL OP(MD)/994/2022allowed

Vellaikannu v. The Inspector Of Police

2022-01-21Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.994 of 2022

1. Vellaikannu

2. Poovayee

3. Vairamani

4. Kiruthika ... Petitioners/Accused Nos.1 to 4 Vs State rep.by The Inspector of Police, All Women Police Station, Keeranur, Pudukkottai District.

(Crime No.1 of 2022).

... Respondent/Complainant For Petitioners : M/s.Vadivelan T, Advocate.

For Respondent : M/s.Vaigun Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 to 4 apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 294(b), 341, 354(A) and 506(i) of IPC, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners are harassing the defacto complainant and restrained her with abusive, filthy language and threatened her with dire consequences. Hence, the present case has been registered.

3.The learned counsel for the petitioners submits that the petitioners are the in-law of the defacto complainant. The marriage between the first and second petitioners' son and the defacto complainant was solemnized in the year 2006 and the husband of the defacto complainant was working in Army, subsequently, he died on 08.04.2021. Thereafter, the defacto complainant filed this false complainant, only to harass the petitioners and to enjoy the death benefits and prayed the petition to be allowed. 4.The learned Government Advocate (criminal side) appearing for the respondent submits that the petitioners are the in-law of the defacto complainant. The son of the first and second petitioners died on 08.04.2021. The defacto complainant is the wife of the deceased.

Thereafter, the petitioners are harassing her by restraining the medical claim made by the defacto complainant. 5.Considering the nature of allegation levelled against the petitioners and considering the fact that the petitioners are the in-laws of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Keeranur, 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 petitioner shall appear before the respondent police daily at 10.30 am., until further orders.

The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

7. 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 shall stand dismissed.

Sd/- 21/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. THE JUDICIAL MAGISTRATE, KEERANUR.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KEERANUR, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.994 of 2022 Date :21/01/2022 SP/PN/SAR IV/27/01/2022/3P/5C