Asaithambi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.8915 of 2015 ASAITHAMBI ... PETITIONER/ACCUSED NO.4 Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT.

(CRIME NO. 11 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : MR.M.JEGADEESH PANDIAN FOR M/S.K.J.ASSOCIATES 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 petitioner, who apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 498(A) and 406 IPC read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.11 of 2015, seeks anticipatory bail.

2. It is the case of the prosecution that the petitioner is arrayed as A4 and the marriage between the first accused and the de-facto complainant was solemnized on 04.06.2014 and this petitioner is the maternal uncle of the first accused.

3. It is represented by the learned Government Advocate (Crl. Side) that this petitioner is residing at Madurai and he is away from A1 and A2. It is seen that the properties of the de-facto complainant are in the custody of A1 and A2 and not in the custody of this petitioner. Taking into consideration the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, but with conditions.

4. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance, within a period of fifteen https://hcservices.ecourts.gov.in/hcservices/ days from the date of receipt of a copy of this order, before the

learned Judicial Magistrate, Karaikudi, on condition that the petitioner 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 petitioner shall report before the respondent police as and when required for interrogation.

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

[c] the petitioner 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 petitioner 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/- 06/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI. 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.K.J.ASSOCIATES Advocate SR.No.25170

ORDER

IN CRL OP(MD) No.8915 of 2015 Date :06/05/2015 PA/07.05.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/