Manoranitham v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/06/2021 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN 1.Manoranjitham 2.Balasubramanian ... Petitioners/Accused Nos.2 and 3 Vs The State represented by The Inspector of Police, All Women Police Station, Thiruverumbur, Trichy District.

Crime No.8 of 2021 ... Respondent/Complainant For Petitioners: Mr.B.Janarth Kumar, Advocate.

For Respondent : Mr.T.Senthilkumar, Government Counsel(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.8 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel on either side.

2.The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b), 354 and 506 (ii) of IPC in Crime No.8 of 2021 on the file of the respondent police and seek anticipatory bail. 3.The de-facto complainant is the daughter-in-law of the petitioners herein. The petitioners' son is figuring as 1st accused. The marriage between A1 and the de-facto complainant took place only on 02.07.2020. If the petitioners' son is before this Court, this Court could have put him on terms by directing to pay maintenance to the de-facto complainant. But only the petitioners are before this 1/3

Court. The 2nd petitioner is aged about 57 years and he has recently undergone bypass operation.

4.Considering the overall facts and circumstances of the case, I am of the view that the arrest of the petitioners is not going to serve any purpose. Hence, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest by the respondent police on executing personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] each with two sureties each for a likesum to the satisfaction of the respondent police and on further condition that the petitioners shall appear before the learned Judicial Magistrate, (Additional Mahila Court), Trichy and execute fresh personal bonds for a sum of Rs.

[c]the petitioners shall not abscond either during investigation or trial;

[d]the petitioners shall not tamper with evidence or witness either during investigation or trial;

[e]on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; and [f] if the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 08/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDICIAL MAGISTRATE, (ADDITIONAL MAHILA COURT), TRICHY.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVERUMBUR, TRICHY DISTRICT.

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

+1 CC to M/s.B.JANARTH KUMAR, Advocate ( SR-3886[I] dated 09/06/2021

ORDER

IN CRL OP(MD) No.7295 of 2021 Date :08/06/2021 mm TK/MNR/SAR.2/11.06.2021/3P/6C 3/3