Vijay Moorthy, S/O.Durai, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10117 of 2018 VIJAY MOORTHY ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP.BY, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, CANTONMENT, TRICHY CITY.

IN CR.NO. NOT KNOWN OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : MR.M.SILAMBARASAN, Advocate For Respondent : MR.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 498(A) I.P.C. in Crime No.Not known of 2018, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side) for the respondent. 3.It appears that the First Information Report is yet to be registered. But, the apprehension of the petitioner is legitimate and well founded. It is seen that the petitioner after dissolving his earlier marriage in accordance with law, got married with the defacto complainant. But, it appears that the defacto complainant is yet to formally dissolve her earlier marriage. However, the defacto complainant is seven months pregnant now.

4.The learned counsel for the petitioner, on instruction from the petitioner, undertakes that the petitioner shall maintain the child that is to be born. He is also ready to take care of the defacto complainant provided that there are no legal complications. https://hcservices.ecourts.gov.in/hcservices/ 5.Recording the aforesaid submission, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Additional Mahila Court, Trichy 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 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 02/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, TRICHY 2 DO THROUGH THE CHEIF JUDICIAL MAGISTRATE, TRICHY 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, CANTONMENT, TRICHY 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.T.VADIVELAN Advocate SR.No.11780

ORDER

IN CRL OP(MD) No.10117 of 2018 Date :02/07/2018 PK/RR/VK/06.07.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/