T.Senthil v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN T.Senthil ... Petitioner/Accused No.1 Vs The Inspector of Police, All Women Police Station, Golden Rocks, Trichy District.
Crime No.02 of 2023..
... Respondent/Complainant For Petitioner : M/s. Shreedhar.M, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.02 of 2023 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/A1 who apprehends arrest at the hands of the respondent police for the offences punishable under sections 498(A), 294(b),506(i) and 120(B) of IPC in Crime No.2 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner married the defacto complainant and after ten days of marriage the defacto complainant is not satisfied in living in Trichy with the petitioner, hence the defacto complainant urged the petitioner to take her to Chennai therefore the petitioner took her to Chennai and they both started to live together . Thereafter there was some misunderstanding between them and the elders in the family pacified the issue and thereafter out of the wedlock they were blessed with a female child. The petitioner begged the defacto complainant to live with her but the defacto complainant not willing to live him has given this complaint.
3. Heard both sides and perused the materials available on record including the First Information Report.
4. Taking into consideration of the facts that it is a case of matrimonial dispute between the parties, this court is inclined to 1/3
grant anticipatory bail to the petitioner, with certain conditions:
5. 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 on which the order copy made ready, before the learned Additional Mahila Court, Trichy 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police daily at 10.30 am., for a period of two weeks and thereafter as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 09/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
aav TO 1.THE JUDGE, ADDITIONAL MAHILA COURT, TRICHY. 2/3
2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, GOLDEN ROCKS, TRICHY DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.4512 of 2023 Date :09/03/2023 RK/BUC/SAR-1(16/03/2023) 3P/4C 3/3