Boopathi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Boopathi,
2. Rajalakshmi, ... Petitioners/Accused Nos. 2 & 3 Vs The Inspector of Police, All Women Police Station, Contonment, Trichy.
Crime No.19 of 2023.
... Respondent/Complainant For Petitioner : Mr.A.Arun Prasad, Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.19 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police in 1/4
connection with Crime No.19 of 2023 for the offence under Sections 498A and 506(i) of IPC, have filed this petition seeking anticipatory bail. 2.The case of the prosecution is that the marriage between the first accused and the defacto complainant was solemnized on 23.01.2023. Out of the wedlock, they are blessed with two male children. From the date of marriage, the first accused harassed the defacto complainant. He also had illicit relationship with another woman and failed to maintain the defacto complainant and her children. 3.The learned counsel for the petitioners submits that the petitioners are the inlaws of the defacto complainant and they did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. 4.The learned Additional Public Prosecutor appearing for the respondent police opposes for grant of anticipatory bail on the ground that the investigation is yet to be completed.
5.Considering the nature of offence and the fact that the petitioners are in-laws of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners.
6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the 2/4
learned Judicial Magistrate, Additional Mahila Court, Trichy, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Additional Mahila Court, Trichy, and on further conditions that: (i)The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address; (ii)The petitioners shall appear before the respondent police daily as and when required.
(iii) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. (iv)On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 10/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI TO THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, TRICHY.
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DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, CONTONMENT, TRICHY.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.ARUN PRASAD, Advocate ( SR-4315[I] dated 10/04/2024 )
ORDER
IN CRL OP(MD) No.5465 of 2024 Date :10/04/2024 PKP/VR/SAR /16.04.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4