Madras High CourtCRL OP(MD)/16071/2016ordered

S. Karthikeyan v. The Inspector Of Police

2016-09-08Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.16071 of 2016 1 S. KARTHIKEYAN 2 S. SIVAKUMAR 3 S. KALAISELVI ...PETITIONERS/ACCUSED No.1 to Vs THE STATE REP.BY THE INSPECTOR OF POLICE THIRUVARAMBUR ALL WOMEN POLICE STATION, TRICHY DISTRICT.

(CRIME NO. 10 OF 2016) ...RESPONDENT/COMPLAINANT For Petitioner : M/S S.KARTHICK SUBRAMANIAN 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 :- Petitioners/accused, pray for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 406 and 506(i) IPC and Section 4 of Tamilnadu Prohibition of Women Harassment Act in Crime No.10 of 2016 on the file of respondent police.

2. Learned counsel for petitioners submits that A2 and A3 are brother and sister-in-law of A1 and the defacto complainant left the matrimonial home in the year 2012 and divorce decree was granted under order dated 30.04.2015 in H.M.O.P.No.73 of 2014 by the Principal Sub Judge, Thanjavur and after dismissal of a petition filed under Domestic Violence Act, the present complaint was filed with the same allegation.

3. Heard learned Government Advocate (Crl.Side).

4. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate,Additional Mahila Court, Tiruchirappalli, within 15 days from the date of receipt of a copy of the order, (i) the petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two https://hcservices.ecourts.gov.in/hcservices/

sureties each for the likesum to their satisfaction; (ii)the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer;

(iii)the petitioners shall appear before the respondent police as and when required.

sd/- 08/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, TIRUCHIRAPPALLI. 2 THE INSPECTOR OF POLICE, THIRUVARAMBUR ALL WOMEN POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S S.KARTHICK SUBRAMANIAN Advocate SR.No. 51162 CN JA-DB-SAR.I/15.09.2016/2P:5C

ORDER

IN CRL OP(MD) No.16071 of 2016 Date :08/09/2016 https://hcservices.ecourts.gov.in/hcservices/