Madras High CourtCRL OP(MD)/16715/2014disposed of

Marisamy v. The Inspector Of Police

2015-02-17Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.16715 of 2014 1 MARISAMY 2 SURIYAKALA 3 POUNRAJ ... PETITIONERS/ACCUSED RANKS NOT KNOWN Vs STATE.REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SOOLAKARAI, VIRUDHUNAGAR, CRIME NO.14 OF 2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.PON KARTHIKEYAN Advocate For Respondent : MR.P.KANNITHEVAN,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.14 of 2014, on the file of the respondent police for offences under Sections 498(A), 506 (i) and 494 IPC, the petitioners are now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate for the respondents.

3. Initially, the case was referred to the Mediation and Conciliation Centre and the Mediation Centre has sent a failure report dated 06.02.2015.

4. It is the case of the prosecution that the first petitioner got married to the de-facto complainant and they have two children through the wedlock. Subsequently, the first petitioner has married the 2nd petitioner and has abandoned the de-facto complainant and her two children. Since the allegations against the first petitioner are indeed very serious, this Court is not inclined to grant anticipatory bail to the first petitioner. As regards the petitioners 2 and 3, since the https://hcservices.ecourts.gov.in/hcservices/ allegations are not very serious and it is alleged that the first

petitioner has married the 2nd petitioner and the third petitioner is the father of the 2nd petitioner, this Court is inclined to grant anticipatory bail to the petitioners 2 and 3.

5. It is submitted that pursuant to the order of interim anticipatory bail granted to these petitioners, the petitioners 2 and 3 have already executed sureties and hence, the anticipatory bail is made absolute in respect of the petitioners 2 and 3. The petitioners need not execute any fresh sureties, as the sureties already executed for the purpose of availing interim anticipatory bail shall hold good. However, the petitioners have to appear before the respondent police as and when required for interrogation. In respect of the first petitioner, this petition is dismissed.

sd/- 17/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDICIAL MAGISTRATE NO.II,VIRUDHUNAGAR.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SOOLAKARAI,VIRUDHUNAGAR.

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

+1. CC to M/S.R.PON KARTHIKEYAN Advocate SR.No.7425

ORDER

IN CRL OP(MD) No.16715 of 2014 Date :17/02/2015 PA/19.02.15/2P/5C https://hcservices.ecourts.gov.in/hcservices/