D.C.Mahendiran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN D.C.Mahendiran ... Petitioner/ Accused Rank not known Vs The State rep. by The Inspector of Police, All Women Police Station, Thoothukudi District.

(Crime.No.17 of 2020) ... Respondent/Complainant For Petitioner : M/s.A.Thiruvadi Kumar, Advocate.

For Respondent : Mr.A.,Robinson, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime.No.17 of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 498(A), 494, 506(2) of I.P.C., in Crime No.17 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner is working in Railways and the defacto complainant is working in Union Bank of India. It appears that the marriage between them had taken place in the year 2010. There was some matrimonial issues pending between them. The petitioner's wife had begotten children through IVF procedure.

4. The petitioner's counsel undertakes that the petitioner will pay a sum of Rs.10,000/- per month to the defacto complainant. This liability of the petitioner will commence from the next month. The petitioner shall collect the account details of the defacto complainant and shall remit the amount. If the defacto complainant does not furnish the account details, the petitioner shall deposit the said amount in the crime case account before the learned Judicial Magistrate No.III, Thoothukudi.

5. Recording the undertaking given by the petitioner, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.III, Thoothukudi, and on his 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 petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioner 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/- 11/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 NO.III, THOOTHUKUDI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6035 of 2020 Date :11/06/2020 GNS SRS/ JC/ SAR-II/ 17.06.2020/ 3P/5C