P. Monicka v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN

1. P. Monicka,

2. A. Lamel Raj,

3. Mary Stella, ... Petitioners/Accused Vs The State of Tamil Nadu, The Inspector of Police, All Women Police Station, Kanyakumari District..

... Respondent/Prosecutor For Petitioners : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers, For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervenor : Mr.G.Prabhu Rajadurai, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 4/2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners, learned counsel appearing for the intervenor and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 498(A), 406, 420, 294(b), 323 and 506(2) of I.P.C., and Sections 4 and 6 of 1/3

DP Act and Section 4 of TNPHW Act in Crime No.4 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The learned counsel appearing for the defacto complainant states that the marriage between the defacto complainant and the first accused took place on 30.11.2017. A child was also born through the wedlock. A1 is presently abroad. In the meanwhile, the case on hand has been registered.

4.The petitioner's counsel, on instructions, from the first accused states that the first accused will remit a minimum sum of Rs.15,000/- every month. The said amount will be remitted to the defacto complainant's account on or before 5th of every month. This towards the maintenance of the defacto complainant and the child. 5.Recording the petitioner's undertaking, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Principal Sessions Judge, Kanyakumari District, Nagercoil, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only)each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioners 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/- 17/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE PRINCIPAL SESSIONS JUDGE, KANYAKUMARI DISTRICT, NAGERCOIL

2. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KANYAKUMARI DISTRICT.

2/3

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

+1. CC to M/S. ISAAC CHAMBERS Advocate SR.No.6903 +1 CC TO MR.G.PRABHU RAJADURAI, Advocate in SR.No.6963

ORDER

IN CRL OP(MD) No.2509 of 2020 Date :17/02/2020 rmi AE/JC/SAR-II (21.02.2020) 3P 6C 3/3