Issac Prem Anand v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.4071 of 2018 and CRL MP(MD) No.2247 of 2018 1 ISSAC PREM ANAND 2 N. MICHAEL RAJ 3 R. IMMACULATE EMELDA JEEVARANI 4 M. JOE RAJARUBAN 5 M. IVY JEBA 6 D. ARUL SANTHOSH ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT, (*)IN CRIME NO. 14/2018 ... RESPONDENT / COMPLAINANT (*)AMENDED AS PER ORDER OF THIS HON'BLE COURT MADIE IN CRL MP(MD)NO.2399/18 IN CRL OP(MD)NO.4071/18 DATED 27.03.2018.
PAVITHRA ... INTERVENER/DEFACTO COMPLAINANT/ DEFACTO COMPLAINANT IN CRL MP(MD)No.2247/2018 For Petitioner : MR.K.SAMIDURAI, Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Government Advocate(Crl.Side) For Intervenor : MR.A.R.KANNAPPAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498
(A), 406, 354, 294(b), 506(ii) I.P.C., and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.14 of 2018, seek anticipatory bail.
2.The case of the prosecution is that the first petitioner got married to one Pavithra / de facto complainant. After their marriage, there was a dispute between themselves. Thereafter, the petitioners harassed the de facto complainant in the matrimonial home. Hence, the complaint.
3.Heard the learned counsel appearing for the petitioners, intervener and also the learned Government Advocate (Crl. Side). 4.The learned counsel appearing for the petitioners submitted that household articles were handed over to the de facto complainant and the same was duly acknowledged by her.
5.The learned Government Advocate (Crl. Side) submitted that the investigation is pending.
6.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners on condition that the first petitioner shall deposit a sum of Rs.1,00,000/- [Rupees One Lakh only] to the credit of Crime No.14 of 2008 on the file of the respondent police within a period of two weeks from the date of receipt of a copy of this order. On such condition, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thirumangalam, Madurai District 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 as and when required for interrogation. 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. Consequently, connected Miscellaneous Petition closed.
sd/- 01/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MR.K.SAMIDURAI,Advocate SR.No.21063
ORDER
IN CRL OP(MD) No.4071 of 2018 and CRL MP(MD) No.2247 of 2018 Date :01/11/2018 SM PK/PN/SAR-3/20.02.2019 : 3P/6C