Kalyani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15265 of 2017 KALYANI ... PETITIONER/RANK NOT KNOWN Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE VILAKKUTHOON POLICE STATION, MADURAI, CRIME NO NOT KNOWN OF 2017. ... 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 petitioner, who is arrayed as Accused, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 448 and 324 of I.P.C., in Crime No.1148 of 2017, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant/wife lodged a complaint against the petitioner/ husband alleging that the petitioner attacked the defacto complainant and caused injuries.
3.The learned counsel for the petitioner submitted that the defacto complainant had illicit relationship with one Rajapandi and she deliberately want to live with said Rajapandi. When the petitioner questioned the same, the petitioner demanded the property documents which was purchased jointly. The defacto complainant denied to give the said documents with intention to grab the property from the petitioner and thereby, the defacto complainant gave a false complaint against the petitioner before the respondent police.
4. The learned Government Advocate (Crl.side) appearing for the State fairly conceded the facts submitted by the learned counsel for the petitioner.
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5. Considering the facts and circumstances of the case, I am 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.I, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(i) the petitioner shall report before the respondent police, as and when required for interrogation;
(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial.
(iii) the petitioner shall not abscond either during investigation or trial;
(iv) the petitioner shall not commit any offence while on bail; (v) 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 and the anticipatory bail granted stands cancelled automatically.
sd/- 09/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI 3 THE INSPECTOR OF POLICE VILAKKUTHOON POLICE STATION, MADURAI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.MANOHARAN Advocate SR.No.34317
ORDER
IN CRL OP(MD) No.15265 of 2017 Date :09/11/2017 SMA/RR/SAR-1/14.11.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/