B.Socrates, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) Nos.15705 & 15706 of 2017 1 B.SOCRATES 2 R.BOSE 3 B.JANSI RANI ... PETITIONERS / ACCUSED 1 to 3 IN CRL OP(MD)No.15705/17 4 C.PRIYADHARSHINI 5 R.CHINNAPERUMAL @ KARMEGAM 6 C.PAGAMPRIYAL @ MALATHI ... PETITIONERS / ACCUSED 4 to 6 IN CRL OP(MD)No.15706/17 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

(CRIME NO.8 OF 2017) ... RESPONDENT / COMPLAINANT IN BOTH THE PETITIONS For Petitioners : MR.S.ILAMVALUDHI Advocate IN CRL OP(MD)No.15705/17 For Petitioners : MR.S.ILAMVALUDHI, for MR.R.MATHIYALAGAN Advocate IN CRL OP(MD)No.15706/17 For Respondent : MR.C.MAYILVAHANA RAJENDRAN, ADDITIONAL PUBLIC PROSECUTOR IN BOTH THE PETITIONS For Intervenor : MR.D.VENKATESH Advocate IN BOTH THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as Accused No.1 to 6, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 109, 294(b), 323 and 506(i) of I.P.C. r/w. Section 4 of Tamil Nadu Women Harrassment Act, in Crime No.8 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the marriage between the A1 and the defacto complainant was solemnized in the year 2001 and they have two male children. The petitioners/Accused Nos.2 to 6 are the in-laws of the defacto complainant. Initially, the defacto

complainant lodged a complaint before the respondent police alleging that her husband had illegal relationship with A4 and the same was settled in between the parties. Again, the defacto complainant lodged a complaint against the petitioners for the above said offences.

3.The learned counsel for the petitioners submitted that till date, A1 is taking care of his wife and children and in future also he will take care of them. He further submitted that the petitioners did not commit any offence as alleged by the prosecution.

4.The learned counsel for the intervenor would submit that the defacto complainant suffered a lot because of the act of the petitioners and thereby, A1 is not maintaining the family in proper manner. Therefore, she lodged a complaint against the petitioners before the respondent police.

5.The learned Additional Public Prosecutor appearing for the State would submit that he did not dispute the factual aspects made by the learned counsel for the petitioners.

6.Considering the facts and circumstances of the case and also considering the submission made by the learned counsel for the petitioners, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 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, Thiruvadanai, Ramanathapuram District, on condition that the petitioners 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 A1/first petitioner in Crl.O.P.No.15705 of 2017 shall report before the respondent police, daily at 10.30 a.m., for a period of two weeks, and thereafter, as and when required for interrogation;

(ii) the petitioners/A2 to A6 shall report before the respondent police, as and when required for interrogation;

(iii) the petitioners/A1 to A6 shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioners/A1 to A6 shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(v) the petitioners/A1 to A6 shall not abscond either during investigation or trial;

(vi) the petitioners/A1 to A6 shall not commit any offence while on bail;

(vii) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners/A1 to A6 in accordance with law and the anticipatory bail granted stands cancelled automatically.

sd/- 17/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.S.ILAMVALUDHI Advocate SR.No.34672 +1. CC to M/S.D.VENKATESH Advocate SR.No.34687 +1. CC to M/S.R.MATHIALAGAN Advocate SR.No.34673 ORDER IN CRL OP(MD) Nos.15705 & 15706 of 2017 Date :17/11/2017 MKV-PM-PN-SAR 4/27.11.2017/3P-8C