Geetha v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN
1. GEETHA
2. PALPACKIYAM
3. AYALRAJ
4. AYYANAR ... PETITIONERS/ACCUSED 2 TO 5 VS STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIVILLIPUTTUR TOWN, VIRUDHUNAGAR DISTRICT (CRIME NO. 10/2020).
... RESPONDENT/COMPLAINANT For Petitioners : M/s.C.M.Arumugam, Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 10 of 2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioners who are arrayed as A-2 to A-5, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 354, 406, 420, 494 and 506 (ii) of IPC, in Crime No.10 of 2020, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that A-1 is the husband of the de-facto complainant and the marriage was took place in the year 2008. Thereafter, A-1 deserted the de-facto complainant and without obtaining decree for divorce, the petitioner said to have married A2, the same was questioned by the de-facto complainant, the petitioners said to have criminally intimidated the de-facto 1/3
complainant. Hence, the de-facto complainant has preferred a complaint before the respondent police, but no case was registered against the petitioner. Therefore, the de-facto complainant has approached the learned Judicial Magistrate No.II, Srivilliputtur, under Section 156(3) of Cr.P.C., based on the direction issued by the learned Judicial Magistrate No.II, Srivilliputtur, the crime has been registered.
3. The learned counsel appearing for the petitioners would submit that the de-facto complainant is the first wife of A-1 and he has also executed a sale deed in favour of the de-facto complainant and A-1 is a physically challenged person. The second petitioner/A-2 is the alleged second wife of A-1 and the petitioners-2 to 4 are in-laws of the A-1. He would further submit that there is no specific allegations against these petitioners. He would further submit that due to family dispute between the parties, the present case has been registered.
4.The learned Government Advocate (Crl.Side) appearing for the State would submit that the first marriage is in existence, A-1 said to have married the first petitioner/A-2, which was questioned by the de-facto complainant, the petitioners said to have criminally intimidated her.
5. Considering the facts and circumstances of the case and also considering the fact that the dispute between the husband and wife and there is no serious allegation is made out against the petitioners in the First Information Report, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate (Fast Track Mahila), Srivilliputtur, on condition that the petitioners shall execute a bond for a sum of Rs.
(b)the petitioners shall report before the respondent police as and when required for interrogation.
(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners shall not abscond 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 2/3
against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 04/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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 (FAST TRACK MAHILA), SRIVILLIPUTTUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTTUR.
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIVILLIPUTTUR TOWN, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.9351 of 2020 Date :04/09/2020 KSA JM/PN/SAR II/10.09.2020/3P/5C 3/3