Vellimalar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23321 of 2015 VELLIMALAR ... PETITIONER/ACCUSED NO.4 Vs THE STATE OF TAMIL NADU REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEERANUR, PUDUKKOTTAI DISTRICT, CRIME NO.7/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S M.S.JEYAKARTHIK Advocate For Respondent : MR.K.ANBARASAN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.4, in Crime No.7 of 2015 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 498(A), 494 read with 109 and 506 (ii) of the Indian Penal Code and Section 4 of TNPWH Act and hence, seeks anticipatory bail.
2. The case of the prosecution is that A1 and the defacto complainant fell in love and A1 married the defacto complainant and lived together in a separate house. Subsequently, A1 left the defacto complainant in her sister's house. The defacto complainant conceived. When she contacted A1, he did not attend the phone calls and hence, she went to the place of A1 and subsequently, she came to know that A1 married this petitioner/A4 and hence, she met the petitioner and informed that already she married A1. But, the petitioner and other accused abused her in filthy language and chased her away. Subsequently, on 17.11.2015, the petitioner married A1. Therefore, the defacto complainant has given the present complaint.
3. The case of the petitioner is that she is an innocent person and she did not commit any offence and she was not aware of the love affair of A1 with the defacto complainant. It is the further case of https://hcservices.ecourts.gov.in/hcservices/
the petitioner that the petitioner's marriage was solemnized with A1, without knowing the love affair of A1 with the defacto complainant and the petitioner is the real victim and her entire life is in question.
4. Heard the learned Government Advocate (Criminal Side).
5. Considering the facts and circumstances of the case and also considering the fact that A1 married this petitioner suppressing the earlier marriage with the defacto complainant, 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 arrest or on his appearance before the learned Judicial Magistrate, Keeranur and on 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., for a period of two weeks and thereafter, as and when required. 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 stands dismissed.
sd/- 09/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE ,KEWENUE 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,PUDUKKOTTAI DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KEERANUR,PUDUKKOTTAI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S M.S.JEYAKARTHIK Advocate SR.No.70689
ORDER
IN CRL OP(MD) No.23321 of 2015 Date :09/12/2015 NS/GSV-AN/SAR-I/14.12.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/