Kombaiya Thevar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.5840 of 2020

1. Kombaiya Thevar,

2. Mariammal,

3. Esakkpandi,

4. Siva @ Sivasubramanian ... Petitioners/Accused Nos.2 to 5 Vs The State Rep by The Inspector of Police, All Women Police Station, Srivaikundam, Tuticorin District Crime.No.9 of 2020.

... Respondent/Complainant For Petitioner : M/s. M.Veilkani Raju, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime.No. 9 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 498(A), 294(b) and 506(i) of I.P.C, and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.9 of 2020 on the file of the respondent police, seek anticipatory bail. 3.The primary allegations are only against the first accused. The petitioners are parents-in-law and sister-in-law of the first petitioner. The petitioners counsel would even claim that there was no marriage between the first accused and the defacto complainant. I do not want to go into the merits of the case.

4. In the view of the above, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Srivaikundam, Tuticorin, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two common https://hcservices.ecourts.gov.in/hcservices/

sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The petitioners shall appear before the concerned Magistrate within a period of eight weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 10/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS Note : In view of the present lock down owing to COVID -19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.The Judicial Magistrate, Srivaikundam, Tuticorin.

2.The Chief Judicial Magistrate, Tuticorin District.

3.The Inspector of Police, All Women Police Station, Srivaikundam, Tuticorin District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.5840 of 2020 Date : 10/06/2020 KK(10.06.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/