Balasubramani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) Nos.6977 and 6958 of 2017 BALASUBRAMANI ... PETITIONER/ACCUSED NO.I IN CRL OP(MD)No.6977 of 2017 1 KARUPPIAH 2 THANAM 3 DEEPA ... PETITIONER/A4 TO A6 IN CRL OP(MD)No.6958 of 2017 Vs STATE REPRESENTED THROUGH, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT CRIME NO. 6/2017 ... RESPONDENT/COMPLAINANT IN BOTH THE PETITIONS For Petitioner : M/S.A.JAYARAMACHANDRAN Advocate IN BOTH THE PETITIONS For Respondent : MR.A.RAMAR, Additional Public Prosecutor IN BOTH THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1, A4 to A6 respectively in Crime No.6 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 494, 506(i), 120(B), 34 IPC and hence, seek anticipatory bail.
2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State.
3.The learned counsel for the petitioners submitted that the petitioners/A1, A4 to A6, colluding with the other accused, are alleged to have illegally conducted marriage of the husband of the defacto complainant/A1 with A6 and when it was questioned, they gave life threat to her. A1 and the defacto complainant lived in Bangalore and they separated themselves in Bangalore. The divorce petition filed by A1 was dismissed. The performance of marriage between A1 and A6 is not true. In fact, A6 is a private school teacher. She used to visit in the browsing centre run by A1. On 14.02.2017 when A6 was at browsing centre, the defacto complainant came, misunderstood and abused A6 and A1. The petitioners are innocent. They have not committed any offence as alleged in the complaint.
4.The learned Additional Public Prosecutor appearing for the respondent / Police submitted that A2 and A3 were already granted anticipatory bail by this Court in Crl.O.P.(MD).No.6515 of 2017, by order dated 05.06.2017. The investigation is pending.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Srivilliputhur and on each 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 in Crl.O.P.(MD).No.6977 of 2017 / A2 shall appear before the respondent Police daily at 10.30 a.m. until further orders and the petitioners in Crl.O.P.(MD).No.6958 of 2017 shall appear before the respondent Police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.
6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand automatically dismissed.
sd/- 09/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II,SRIVILLIPUTHUR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION,SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+2. CC to M/S.A.JAYARAMACHANDRAN Advocate SR.No.23710 & 23711 GCG CSL/PM-PN/SAR-I/13.06.2017 : 3P/7C
ORDER
IN CRL OP(MD) Nos.6977 & 6958 of 2017 Date :09/06/2017