Ramya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR 1.Ramya 2.Subramanian 3.Palaniyammal ... Petitioners/Accused 4 to 6 Vs The State rep.by The Inspector of Police, All Women Police Station, Keeranur, Pudukkottai District.

Crime.No. 15/2022. ... Respondent/Complainant For Petitioners : Mr.Thiyagarajan, A.

Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.15 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.4 to 6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 323, 494, 498(A), 506(i) IPC, in Crime No.15 of 2022, seek anticipatory bail.

2. The defacto complainant is the wife of the first accused. The case of the prosecution is that the first accused got second 1/3

marriage with the first petitioner/A4. The petitioners 2 and 3 are parents of the first petitioner/A4. After the marriage, the petitioners and the first accused harassed the defacto complainant. Hence the complaint.

3.The learned counsel for the petitioners would submit that the petitioners 3 and 4 are the parents of the first accused and that no marriage was solemnized between the first petitioner and the first accused. He would further submit that the first accused has already been granted anticipatory bail by this Court in Crl.OP(MD) No.8828/2022.

4.The learned Government Advocate (Criminal Side) appearing for the State would submit that the investigation is pending. 5.Admittedly, the first petitioner is the father and the second petitioner is the mother of the first accused. 6.Considering the facts and circumstances of the case and also facts that the main accused has already been granted anticipatory bail by this Court and that the petitioners are not having any bad antecedents, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Keeranur, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only)each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the first and third petitioners shall report before the respondent police as and when required for interrogation. (c)the second petitioner shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation.

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners shall not abscond either during investigation or trial;

2/3

(f)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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 10/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

das 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, Keeranur.

2.Do Through The Chief Judicial Magistrate, Pudukottai.

3.The Inspector of Police, All Women Police Station, Keeranur, Pudukkottai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.10067 of 2022 Date : 10/06/2022 TR/SKN/SAR-III(16.06.2022) 3P 5C 3/3