Madras High CourtCRL OP(MD)/23213/2014partly allowed

Pandidurai v. The Inspector Of Police

2015-01-05Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) Nos.23213 & 23214 of 2014 1 PANDIDURAI 2 MARIAPPAN 3 CHINNAMANIAMMAL 4 MUNEESWARI 5 PERIAMUNIYAMMAL ... PETITIONERS/ ACCUSED 1 to 5 IN CRL OP(MD) No.23213 of 2014 TAMILARASI ... PETITIONER/ ACCUSED No. 6 IN CRL OP(MD) No.23214 of 2014 Vs THE STATE REP. BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIVILLIPUTHUR , VIRUDHUNAGAR DISTRICT, CR.NO.31/2014 ... RESPONDENT/ COMPLAINANT in both petitions For Petitioner : M/S.N.DILIP KUMAR Advocate IN CRL OP(MD) No.23213 of 2014 For Petitioner : M/S. P.PRABHU Advocate IN CRL OP(MD) No.23214 of 2014 For Respondent : Mr.A.P.Balasurbramani Govt. Advocate ( Crl.

Side) in both petitions PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. COMMON ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 498(A), 494 and 497 IPC in Crime No.31 of 2014 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner got married to the de facto complainant and while the said marriage was in subsistence, the first petitioner - M.Pandidurai contracted second marriage with the petitioner in Crl.OP[MD].No.23214 of 2014. https://hcservices.ecourts.gov.in/hcservices/

3. The allegations against the first petitioner are, indeed, very serious in nature. Therefore, this Court is not inclined to grant

Anticipatory Bail to the first petitioner. Accordingly, Crl.O.P.(MD) No.23213 of 2014 is dismissed in respect of the first petitioner herein.

4. As regards the petitioners 2 to 5 in Crl.OP[MD].No.23213 of 2014 and the petitioner in Crl.O.P.(MD)No.23214 of 2014, this Court finds that the allegations against them are not very serious. Therefore, this Court is inclined to grant Anticipatory Bail to the petitioners 2 to 5 in Crl.OP [MD].No.23213 of 2014 and the petitioner in Crl.O.P.(MD)No.23214 of 2014.

5. Accordingly, the petitioners 2 to 5 in Crl.OP[MD].No.23213 of 2014 and the petitioner in Crl.O.P.(MD)No.23214 of 2014 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 learned Judicial Magistrate, No.I, Srivilliputhur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- each (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioners shall report before the respondent police as and when required for interrogation.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Judicial 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 Judicial 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]. Petition dismissed in respect of first petitioner.

sd/- 05/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.I, SRIVLLIPUTHUR. 2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIVILLIPUTHUR , VIRUDHUNAGAR DISTRICT. +1. CC to M/S.N.DILIP KUMAR Advocate SR.No. 49. +1cc to M/S.PRABHU,Advocate in SR.No. 166 TS/05.01.2015/2P-7C ORDER IN CRL OP(MD) Nos.23213 & 23214 of 2014 Date :05/01/2015 https://hcservices.ecourts.gov.in/hcservices/