Mariausha, W/O.Pradheepkumar, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of July Two Thousand Nineteen PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.4435 of 2019 in CRL.O.P.(MD)No.1350 of 2018 MARIAUSHA ... PETITIONER/INTERVENER/DE-FACTO COMPLAINANT Vs 1 STATE REPRESENTED BY INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

...RESPONDENT/RESPONDENT/COMPLAINANT 2 C.PRADHEEPKUMAR 3 SHANTHI 4 C.PREMKUMAR 5 C.RAMKUMAR 6 C.PRAVEENKUMAR ... 2 to 6 RESPONDENTS / PETITIONERS/ ACCUSED Nos.1 to 5 Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to cancel the anticipatory bail order granted to the 2nd to 6th respondent in Crl.OP(MD)No.1350 of 2018 dated 09.04.2018 in connection with Crime No.31 of 2017 on the file of the respondent police.

ORDER : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.A.BANUMATHY, Advocate for the petitioner and of Mr.A.Robinson, Government Advocate(Crl.side) for R1 and no appearance either in person or by an Advocate for R3 to R5, the Court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ The respondents 2 to 6 herein filed Crl.O.P.(MD)No.1350 of 2018 seeking grant of anticipatory bail.

2.When the matter was taken up for hearing, the first petitioner in the original petition namely the husband of the petitioner herein undertook to pay a sum of Rs.5,000/- with effect from 01.05.2018. Such an undertaking was given taking into account of the fact that the child born through the marriage is with the defacto complainant.

3.The defacto complainant now informs the Court that from November 2018, no maintenance amount has been paid by her husband. 4.The Government Advocate (Crl.Side) informs the Court that the final report has already been filed in this case and it has been taken on file as C.C.No.493 of 2018 on the file of the Mahila Court (Magisterial Level), Nagercoil.

5.Taking note of this developments, this Court permits the petitioner herein to move the trial Court for cancelling the bail of Pradheep Kumar alone. If the trial Magistrate on enquiry finds that the undertaking given before this Court was not complied with by A1Pradheep Kumar, the learned trial Magistrate shall take steps to cancel the bail granted to him. With this liberty to the petitioner, this Criminal Miscellaneous Petition is disposed of. Sd/- 12/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR.

2 -DO- THROUGH- THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

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

+1. C.C. to M/S.A.BANUMATHY Advocate SR.No.11637 ORDER IN CRL MP(MD) No.4435 of 2019 in CRL.O.P.(MD)No.1350 of 2018 Date :12/07/2019 https://hcservices.ecourts.gov.in/hcservices/ ES/VR/SAR 4/26.07.2019/2P/6C