Dhanasekaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.14292 of 2018 DHANASEKARAN ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP., BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT (CRIME NO.13 OF 2018) (*)2 PADMAJA (R2 IMPLEADED SUO MOTU AS PER ORDER OF THIS Hon'ble COURT MADE IN CRL OP(MD)14292/18 DT.11.08.2018) ... RESPONDENTS / COMPLAINANTS For Petitioner : MR.AJMAL KHAN, SENIOR COUNSEL for M/S.AJMAL ASSOCIATES Advocate For 1st Respondent : MR.M.ASOKAN,Govt. Advocate ( Crl. Side) For 2nd Respondent : MR.P.AYYASWAMY, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner herein figuring as the 1st accused apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 498(A), 506(i) and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.13 of 2018 registered on the file of the All Women Police Station, Rajapalayam, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side). The second respondent is the de facto complainant.
3.The learned counsel appearing for the petitioner submitted that till the marriage tie between the petitioner herein and the second respondent is dissolved in the manner known to law, the petitioner shall pay a sum of Rs.7,500/- per month to the second respondent.
4.The learned counsel appearing for the de facto complainant will furnish the bank account details to the learned counsel appearing for the petitioner. The said sum of Rs.7,500/- [Rupees Seven Thousand and Five Hundred only] shall be deposited in the bank account of the second respondent. Liability to make such remittance shall commence from this month onwards before 10th of every English Calender Month. The petitioner shall appear before the respondent police for a period of three days and cooperate with the enquiry. This Criminal Original Petition is allowed on these terms. 5.Whatever articles that are presently remaining with the petitioner shall be returned to the de facto complainant. It is made clear that the articles in question have not itemised or categorized in this order.
6.Taking note of the facts and circumstances, 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 their appearance before the learned Judicial Magistrate No.II, Srivilliputtur, and on their 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. 7.The petitioner shall appear before the concerned Magistrate within a period of five weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.
sd/- 05/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO II SRIVILLIPUTHUR
2 DO THROUH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.AJMAL ASSOCIATES Advocate SR.No. 19081 +1. CC to MR.P.AYYASAMY Advocate SR.No. 19179
ORDER
IN CRL OP(MD) No.14292 of 2018 Date :05/10/2018 MSI/VR-MMS/SAR-II/12.10.2018-3P/7C