Muthumanickam v. The Inspector Of Police
CRL OP(MD). No.1104 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1104 of 2020 Muthumanickam ... Petitioner/Accused Rank not known Vs State Rep. by The Inspector of Police, Karaikudi North Police Station, Sivagangai District, Cr.No.31 of 2020. ... Respondent/Complainant For Petitioner : Mr.G.Thiruvarutselvan, Advocate. For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.31 of 2020 on the file of the Respondent Police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.
2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 506(2) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.31 of 2020 on the file of the respondent police, seeks anticipatory bail.
3. The defacto complainant is none other than the mother of the petitioner. The petitioner's mother is said to be suffering from terminal illness (cancer). The petitioner is said to have refused to vacate the house in question. But the house in question is standing in the name of the petitioner's father. Therefore, the petitioner obviously has a share in the property. But then, the petitioner is statutorily obliged to maintain his mother. https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.1104 of 2020 4.The petitioner undertakes to remit a sum of Rs.2,500/- in the bank account of his mother every month. The petitioner gives further undertaking that he will not interfere with his mother's life.
5.I constrained to secure such an undertaking of the petitioner because the petitioner is said to have beaten up his own mother. The petitioner will totally refrain from committing any acts of violence verbally or physically against his mother. If this undertaking is breached, this Court will not hesitate to cancel the this order granted to the petitioner.
6.Recording the said undertaking and subject to the said condition, anticipatory bail is granted. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Karaikudi, and on his 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 petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.
7. The petitioner 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/- 04/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, KARAIKUDI.
2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3. THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.M.SANJAY, Advocate ( SR-2207[I] dated 04/02/2020 ) ORDER in CRL OP(MD) No.1104 of 2020 Date :04/02/2020 RMI TE/VR/SAR-I : 06/02/2020 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2