Madras High CourtCRL OP(MD)/4269/2019granted

Palraj v. The Inspector Of Police

2019-03-26Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4269 of 2019 1 PALRAJ 2 GUNASEELI 3 KASBAR ... PETITIONER / ACCUSED No. 2 to 4 Vs THE STATE, REP. BY THE INSPECTOR OF POLICE THIRUVAIYARU ALL WOMEN POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO.10/2018) ... RESPONDENT / COMPLAINANT For Petitioners : MR. MA. KARUNANITHI Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who are apprehending arrest at the hands of the respondent police for the alleged offence under Sections 5(i), 5(i) (ii), 6, 9 & 17 of POSCO Act 2012 and 352, 294(b) and 506(i) of IPC in Cr.No.10 of 2018, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the first accused Gopinath proposed his love with the defacto complainant. During the year of 2017, both the first accused and the defacto complainant had physical relationship. Due to physical relationship, she became pregnancy which came to light on 23.05.2018. Thereby, the petitioners arranged marriage between the first accused and defacto complainant in Thingalur Karupppaiah Temple. Thereafter, the first accused absconded. On 08.08.2018, the defacto complainant delivered a male baby in RMH Government Hospital at Thanjavur. Unfortunately, the child was dead. Thereafter, the petitioners abused the defacto complainant. Hence, the defacto complainant lodged a complaint against the petitioners.

3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they are innocent persons. 4.The learned Government Advocate (Crl. Side) appearing for respondent submit that the investigation is still pending. 5.Considering the facts and circumstances of the case and also considering the fact that the allegation against the petitioners is only family dispute, this Court is inclined to grant anticipatory bail to the petitioners.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Sessions Court Mahalir Neethimandram (Fast Track Mahila Court cum Additional Session Judge), Thanjavur on condition that the petitioner shall execute a bond for a sum of Rs.

(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioners 1 and 3 shall report before the respondent police daily at 10.30 a.m until further orders and the second petitioner shall report before the respondent police as and when required for interrogation;

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 26/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE SESSIONS COURT MAHALIR NEETHIMANDRAM (FAST TRACK MAHILA COURT CUM ADDITIONAL SESSION JUDGE), THANJAVUR 2 THE INSPECTOR OF POLICE THIRUVAIYARU ALL WOMEN POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to MR. MA. KARUNANITHI Advocate SR.No.5540

ORDER

IN CRL OP(MD) No.4269 of 2019 Date :26/03/2019 TK/VR/SAR 1/01.04.2019/3P-5C