Veermalai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.876 of 2015 1 VEERMALAI 2 LOGANATHAN 3 ARUMUGAM 4 NATARAJAN ... PETITIONER/ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KULITHALAI, KARUR DISTRICT.

CR. NO.9/2014. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.RM.SIVAKUMAR Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 498(A) I.P.C r/w Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2012 in Crime No.9 of 2014 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that A-1 got married to Menaka/defacto complainant, in the year 2006 and their matrimonial life was not happy. It ended in divorce on 30.10.2013. After divorce, A-1 got married to A-2 on 26.03.2014. Thereafter, the defacto complainant has lodged the present complaint making certain allegations against A-1 Iyappan, his father, Veeramalai, who is the first petitioner herein and the petitioners 2 to 4, who are the friends of A-1.

3. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the State.

4. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners 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.II, Kulithalai on https://hcservices.ecourts.gov.in/hcservices/

condition that the petitioners shall execute 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 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 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 petitioner released on bail by the learned 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]. sd/- 22/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, KULITHALAI 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE KARUR DISTRICT 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KULITHALAI, KARUR DISTRICT.

4 THE ADDL,.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.RM.SIVAKUMAR Advocate SR.No.2934

ORDER

IN CRL OP(MD) No.876 of 2015 Date :22/01/2015 NA/23/01/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/