Madras High CourtCRL OP(MD)/16668/2015allowed

S. Jeyapandi v. The Inspector Of Police

2015-10-05Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16668 of 2015 S. JEYAPANDI ... PETITIONER/SOLE ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE SELLUR POLICE STATION, MADURAI DISTRICT.

(CRIME NUMBER 106/15) ... RESPONDENT For Petitioner : M/S KARA ASSOCIATES 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 the sole accused, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 420 and 494 of I.P.C., in Crime No.106 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The prosecution case is that the accused, suppressing the marriage with another lady, contracted marriage with the de-facto complainant and therefore, cheated her.

3. The learned counsel for the petitioner submitted that the de-facto complainant is living apart from the petitioner from 2004 and the H.M.O.P.No.455 of 2015 filed by the petitioner against the de-facto complainant seeking divorce is pending before the Family Court, Madurai. Similarly, the application filed by the de-facto complainant for restitution of conjugal rights is also pending before the Family Court, Madurai. It is further submitted that as per the direction of this Court, the petitioner has appeared before the Mediation Centre, however, the de-facto complainant did not turn up and thereafter, the matter is amicably settled between the parties.

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4. Heard the learned Government Advocate (Crl.side).

5. Considering the facts and circumstances of the case, 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 his arrest or on his appearance before the learned Judicial Magistrate, Sivagangai 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 daily at 10.00 a.m., until further orders. 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 made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 05/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, SIVAGANGAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3.THE INSPECTOR OF POLICE SELLUR POLICE STATION, MADURAI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI RL/5 C- 9/10/2015

ORDER

IN CRL OP(MD) No.16668 of 2015 Date :05/10/2015 https://hcservices.ecourts.gov.in/hcservices/