K.Muruganantham 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 CRL OP(MD). No.2715 of 2020 K.Muruganantham ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, All Women Police Station, Pudukottai, Thoothukudi District (Crime No.4 of 2020).

... Respondent/Complainant For Petitioner : M/s.S.Loganathan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.4 of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences under sections 406 and 294(b) of I.P.C. and Section 4 of Tamilnadu Prohibition of Harassment of Women Act in Crime No.4 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner and defacto complainant got married way back in the year 2004. The petitioner appears to have developed illicit intimacy with one Radhika. The petitioner is having two children through the defacto complainant. The children are with the defacto complainant.

4. The learned counsel appearing for the petitioner gives an undertaking that the petitioner would pay a sum of Rs.10,000/- as monthly maintenance in favour of the defacto complainant. The liability of the petitioner will commence from next month onwards. The amount will have to be deposited on or before 5th of every month. https://hcservices.ecourts.gov.in/hcservices/

It is open to the defacto complainant to claim higher relief in an appropriate proceedings. It is only an minimum arrangement and it will continue notwithstanding the outcome of the criminal proceedings. If this condition is breached, this order would stand cancelled and the petitioner will be remanded to judicial custody.

5. Recording the said undertaking, I am 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.III, Thoothukudi, 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 as and when required for interrogation. The petitioner shall comply with the conditions 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 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 Judicial Magistrate No.III, Thoothukudi.

2. Do-Through The Chief Judicial Magistrate, Tuticorin District.

3. The Inspector of Police, All Women Police Station, Pudukottai, Thoothukudi District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.LOGANATHAN, Advocate ( SR-3311[I] dated 18/02/2020 )

ORDER

IN CRL OP(MD) No.2715 of 2020 Date :17/02/2020 IAS SDS (25.02.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/