Madras High CourtCRL OP(MD)/4209/2018granted

Kathiravan, v. The Inspector Of Police,

2018-04-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.4209 of 2018 KATHIRAVAN ... PETITIONER/ACCUSED No.1 Vs STATE REP.BY, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT.

CRIME NO.1 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.PRABU, Advocate For Respondent : M/S.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 498(A) and 506(i) of I.P.C., in Crime No.1 of 2018, on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that the defacto complainant is the wife of the petitioner and both the children are with the defacto complainant. He further submitted that the petitioner undertakes to pay a sum of Rs.10,000/-(Rupees Ten Thousand Only) every month to the defacto complainant and children and prays for anticipatory bail in favour of the petitioner.

3. Heard the learned Government Advocate (Criminal side).

4. Considering the undertaking given by the petitioner through his counsel, this Court is inclined to grant anticipatory bail to the petitioner on condition that the liability to pay will arise from 01.05.2018 onwards and if, this undertaking is breached, the order will stand cancelled. It is open to the defacto complainant to accept the said amount without prejudice to her rights and that the petitioner shall deposit the said amount to the https://hcservices.ecourts.gov.in/hcservices/

credit of Crime No.1 of 2018 on the file of the respondent police before the Jurisdictional Magistrate and it is open to the defacto complainant to withdraw the same and that this arrangement is only for the month of May 2018 and thereafter, the defacto complainant can file a memo before the Jurisdictional Court giving her bank account details and that the petitioner shall directly remit the said amount every month, before the 10th day of every English calendar month in the said bank account. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Srivaikundam 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.

5. 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/- 25/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT.

2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.M.PRABU, Advocate SR.No.7098

ORDER

IN CRL OP(MD) No.4209 of 2018 Date :25/04/2018 PK/PMI/VK/08.05.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/