Venkatesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighteenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.24209 of 2015 1 VENKATESH 2 VELLAICHAMY 3 SAKUNTHALA ... PETITIONERS / ACCUSED No.1 to 3 Vs State rep.by THE INSPECTOR OF POLICE ANDIPATTI POLICE STATION, THENI DISTRICT.
(CRIME NO. 24 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.MUNIYANDI Advocate For Respondent : Mr.K.Anbarasan, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 3, in Crime No.24 of 2015 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of Tamil Nadu Harassment of Women Act and hence, seek anticipatory bail.
2. The case of the prosecution is that the first petitioner married the defacto complainant and they lived together. The petitioners 2 and 3 are the in-laws of the defacto complainant. The petitioners harassed and threatened the defacto complainant in dire consequences. Hence, she has given a complaint against the petitioners.
3. The case of the petitioners is that they are innocent and they have not committed any offence as alleged by the prosecution and a false complaint has been given against the petitioners.
4. The learned Government Advocate (Criminal Side) submitted that the first petitioner was already arrested and remanded to judicial custody.
5. Considering the facts and circumstances of the case and also considering the fact that the first petitioner was already arrested and remanded to judicial custody and the petitioners 2 and 3 are the in-laws of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners 2 and 3 with certain conditions. Accordingly, the petitioners 2 and 3 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Andipatti and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the https://hcservices.ecourts.gov.in/hcservices/
satisfaction of the learned Magistrate concerned and on further condition that the second petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders and the third petitioner shall appear before the respondent police as and when required for interrogation. The petitioners 2 and 3 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
6. The petitioners 2 and 3 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.
7. As far as the first petitioner is concerned, this petition is dismissed.
sd/- 18/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT 3 THE INSPECTOR OF POLICE ANDIPATTI POLICE STATION, THENI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S S.MUNIYANDI Advocate SR.No.72746 sm:pm-mp:SAR I:21.12.2015:2p/6C
ORDER
IN CRL OP(MD) No.24209 of 2015 Date :18/12/2015 https://hcservices.ecourts.gov.in/hcservices/