K. Shanmugam @ Samuel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of August Two Thousand Fifteen PRESENT The Hon`ble Mrs.Justice S.VIMALA CRL OP(MD) No.16495 of 2015 K. SHANMUGAM @ SAMUEL ... PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION KARUR (CRIME NO 19/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S D.RAMESHKUMAR Advocate For Respondent : M/S.S.PRABHA,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.1 in Crime No.19 of 2015 on the file of the respondent police apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498-A, 109 and 506(i) of I.P.C. and hence, seeks anticipatory bail.

2.Heard both sides.

3.The defacto complainant is the wife of the accused herein. The marriage between the defacto complainant and the accused is stated to have been taken place in the year 2011 i.e. on 18.1.2011. After the marriage, the petitioner herein is stated to have developed illicit intimacy with A3 and with the help of A2, all the accused persons are stated to have caused harassment to the defacto complainant.

4.Already the accused Nos.2 and 3 have been granted anticipatory bail by this Court. More over, The petitioner herein/A1 has filed a petition seeking divorce in I.D.O.P.No.178 of 2014 and the same is said to be pending. It is contended that the present complaint has been preferred as a counter blast to the divorce petition already filed.

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5.Considering the stated circumstances, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Karur and on each of them 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 learned Judicial Magistrate No.I, Karur once in a week i.e. on every Monday at 10.30 a.m. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 26/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, KARUR 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARUR +1. CC to M/S D.RAMESHKUMAR Advocate SR.No.49666 RL/6 C- 31/8/2015

ORDER

IN CRL OP(MD) No.16495 of 2015 Date :26/08/2015 https://hcservices.ecourts.gov.in/hcservices/