Manikandan, v. The Sub Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6988 of 2017 1 MANIKANDAN 2 GURUVAMMAL 3 KARUMALAI 4 BALAGURUSAMY 5 RAKKAMMAL ... PETITIONERS/ACCUSED NO.1 TO 5 Vs STATE REP.BY, THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THALAKULAM, MADURAI DISTRICT.
CRIME NO.20/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.MARIMUTHU Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-1 to A-5, in Crime No.20 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 498(A) and 406 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 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 Additional Public Prosecutor on instructions submitted that the first petitioner is the husband of the defacto complainant and the along with other petitioners harassed the defacto complainant.
https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel appearing for the petitioners submitted that this is the fourth anticipatory bail petition for the same
offence and for thrice, in the earlier anticipatory bail petitions, it was reported that petition enquiry was conducted and closed. He further submitted that the first petitioner filed H.M.O.P.No.22 of 2016 on the file of the Sub-Court, Sivakasi and the same is pending and the defacto complainant has also filed Tr.C.M.P.No.157 of 2016 and the same was also ordered on 25.10.2016.
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, Additional Mahila Court, Madurai and on each of them 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 first petitioner shall appear before the respondent Police on every Saturday and Sunday at 10.30 a.m., until further orders and the petitioners 2 to 5 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 stands dismissed.
sd/- 13/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, MADURAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THALAKULAM, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
Pm CSL/PN/SAR-I/16.06.2017 : 2P/5C
ORDER
IN CRL OP(MD) No.6988 of 2017 Date :13/06/2017 https://hcservices.ecourts.gov.in/hcservices/