Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12350 of 2018 1 KANNAN 2 MUTHU 3 JEYA LAKSHMI ... PETITIONERS/ACCUSED Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUMANGALAM, CR.NO.52/2017, MADURAI DISTRICT. ... RESPONDENT/ COMPLAINANT For Petitioners : MR.C.PRABHAKARAN Advocate For Respondent : MR.A.ROBINSON, Govt. 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 offence punishable under Sections 498(A), 406, 294(b) and 506(ii) r/w 4(1) of Woman Harassment Act, in Crime No. 52 of 2017, seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) for the respondent. 4.The petitioners undertake to pay a sum of Rs.5,000/- toward maintenance of the wife of the first petitioner. This is only an interim arrangement. It is for the parties to workout their other rights separately.

5.Recording the undertaking given by the learned counsel for the petitioners, 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, Thirumangalam and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)each with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and https://hcservices.ecourts.gov.in/hcservices/

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.

5.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.

6.It is made clear that if the petitioners commit breach of undertaking and there is no payment of monthly maintenance alone as agreed, this order is liable to be cancelled automatically. That apart, it is open to the de-facto complainant to file a petition for contempt of Court before me.

sd/- 19/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM, MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT.

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

+1. CC to M/S.C.PRABHAKARAN Advocate SR.No.13433 GJM/CSL/SAR-2-26.7.18-2P-6C

ORDER

IN CRL OP(MD) No.12350 of 2018 Date :19/07/2018 https://hcservices.ecourts.gov.in/hcservices/