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Madras High CourtCRL OP(MD)/9220/2015allowed

Muthupillai, v. The State Through

2015-06-12Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9220 of 2015 1 MUTHUPILLAI, 2 MYSORE RAJA, 3 CHANDRASEKAR, 4 SEKAR, ... PETITIONER(S) / ACCUSED 1 to 4 Vs THE STATE THROUGH THE INSPECTOR OF POLICE, ELUMALAI POLICE STATION, MADURAI DISTRICT.

CR.NO.53/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.J.SELVAM Advocate For Respondent : M/S.K.V.RAJARAJAN 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 4 in Crime No.53 of 2015 apprehend arrest at the hands of the respondent police for the offences under Sections 420, 341 & 294(b) and 506(i) IPC and seek anticipatory bail.

2. One Mrs.M.Pournami lodged a complaint alleging that her mother-inlaw; brother-in-law; sister-in-law and another one relative had promised to pay a sum of Rs.5 lakhs as maintenance to her, but they did not keep up their promise.

3. The learned counsel for the petitioners submitted that the marriage between the defacto complainant and the son of the first petitioner was solemnized about 15 years ago and they are living separately for more than 10 years. Subsequently, due to some matrimonial dispute, she is living separately and instead of filing a case against her husband seeking maintenance and other reliefs, she has made a false complaint against these petitioners.

4. The learned Government Advocate (crl. Side) submitted that the petitioners are close relatives of the defacto complainant and they assured to pay a sum of Rs.5 lakhs as maintenance, but they failed to do so.

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5. Considering the nature of allegations made against these petitioners and the relationship of the parties, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail on their executing 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 learned Judicial Magistrate No.II, Usilamapatti and on further condition that the petitioners shall appear before the respondent police as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. The petitioners 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. sd/- 12/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.II, USILAMPATTI. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, ELUMALAI POLICE STATION, MADURAI DISTRICT. +1. CC to M/S.J.SELVAM Advocate SR.No. 30605. TS/16.06.2015/2P-6C

ORDER

IN CRL OP(MD) No.9220 of 2015 Date :12/06/2015 https://hcservices.ecourts.gov.in/hcservices/