Muthu Renganatha Vijayan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6515 of 2018 1 MUTHU RENGANATHA VIJAYAN 2 NAVANEETHA KRISHNAN 3 SHANMUGA VIJAYAKUMARI 4 SUGANYA 5 MUTHURAJAN ... PETITIONERS / ACCUSED Nos.1 to 5 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE THENI POLICE STATION, THENI.

IN CR.NO. 277 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.D.NALLATHAMBI Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 323 and 506(ii) IPC in Crime No.277 of 2018, seek anticipatory bail. 2.The case of the prosecution is that the husband of the defaco complainant viz., the first petitioner herein and her in-laws are said to have assaulted the de-facto complainant and retained the 'Sreethana' articles and also the certificates of the de-facto complainant and her son. On complaint, the case has been registered against the petitioners.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. 4.The learned Government Advocate (Criminal side) submitted that the investigation is still pending.

https://hcservices.ecourts.gov.in/hcservices/ 5.The petitioners 2 to 5 are only in-laws. Considering the

nature of allegations made against the petitioners 2 to 5, this Court grants anticipatory bail to them. The specific allegation of the de-facto complainant is that her husband is retaining the certificates belonging to her. Since the first petitioner is happening to the husband of the de-facto complainant and the defacto complainant is making allegations against him, this Court is not inclined to grant anticipatory bail to the first petitioner. Accordingly, this Criminal Original Petition is dismissed as against the first petitioner. The petitioners 2 to 5 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Theni, and on each of them 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 Magistrate concerned and on further condition that the petitioners 2 to 5 shall appear before the respondent police as and when required for interrogation. The petitioners 2 to 5 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioners 2 to 5 shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 24/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,THENI 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI 3 THE INSPECTOR OF POLICE THENI POLICE STATION, THENI.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.D.NALLATHAMBI Advocate SR.No.7049 SMN2 JAM/27/04/2018/ RR/VK/ 2P-6C

ORDER

IN CRL OP(MD) No.6515 of 2018 Date :24/04/2018 https://hcservices.ecourts.gov.in/hcservices/