P.Kameswar Prasad v. The Dy.Superintendent Ofpolice
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.10864 of 2018 1 P.KAMESWAR PRASAD 2 R.PONNAMBALAM 3 P.SAROJA ... PETITIONERS/A1 to A3 Vs 1 STATE REP.BY, THE DEPUTY SUPERINTENDENT OFPOLICE, DINDIGUL DISTICT, DINDIGUL.
2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, DINDIGUL TOWN, DINDIGUL DISTRICT.
IN CRIME NO.NOT KNOWN OF 2018 ... RESPONDENTS/COMPLAINANTS For Petitioners : MR.L.SHAJI CHELLAN, 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 petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b) and 498(A) I.P.C. in Crime No.Not known of 2018, seek anticipatory bail.
2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal side) for the respondent. 3.It is submitted that a sum of Rs.2,50,000/-(Rupees two lakh and fifty thousand only) was given to purchase the household articles. The said amount was transferred to the account of the first petitioner by on-line transaction.
4.The learned counsel for the petitioners submits that the amount of Rs.2,50,000/-(Rupees two lakh and fifty thousand only) would be returned by the first petitioner to the defacto complainant within a period of twelve weeks. This undertaking is taken on https://hcservices.ecourts.gov.in/hcservices/
record. A child was born through the wedlock. Therefore, an interim arrangement by way of maintenance is necessary. The first petitioner shall pay a sum of Rs.5,000/-(Rupees five thousand only) per month to the defacto complainant. This liability will commence from first of August 2018. The first petitioner shall obtain bank account details of the defacto complainant and remit the aforesaid amount first week of every month.
5.Recording the aforesaid submission, 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 No.II, Dindigul and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions 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 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 NO.II, DINDIGUL 2 DO THROUGH THE CHEIF JUDICIAL MAGISTRATE, DINDIGUL 3 THE DEPUTY SUPERINTENDENT OF POLICE, DINDIGUL 4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DINDIGUL TOWN, DINDIGUL DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.L.SHAJI CHELLAN Advocate SR.No. ORDER IN CRL OP(MD) No.10864 of 2018 Date :02/07/2018 https://hcservices.ecourts.gov.in/hcservices/ PK/RR/VK/06.07.2018 : 2P/7C