Ranjitham v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/10/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN 1.Ranjitham 2.Subashini 3.Jayaseelan ... Petitioners/Accused Nos.2to4 Vs The State rep. by The Inspector of Police, All Women Police Station, Thallakulam, Madurai City.

Cr.No.31 of 2020. ... Respondent/Complainant For Petitioners: Mr.S.Poornachandran, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Cr.No.31 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as A2 to A4, apprehending arrest at the hands of the respondent police for the offence punishable under Sections 498-A, 406, 294(b) and 506(i) IPC, in Crime No. 31 of 2020, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant got married with A1 on 27.08.2014. Due to matrimonial dispute between A1 and the defacto complainant, A1 threatened the defacto complainant and also gave a false complaint against the defacto complainant and sent a divorce notice. Hence, the present complaint. 1/3

3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent.

4.The learned counsel for the petitioner submitted that the petitioners herein are in-laws of the defacto complainant and they have not involved in the alleged offence. He further submitted that due to matrimonial dispute between the parties, a present case has been foisted against the petitioners. Hence, he prayed for grant of anticipatory bail to the petitioners.

5.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that matrimonial dispute is pending between the parties. He further submitted that H.M.O.P is pending before the Court below.

6.Considering the facts and circumstances of the case and also considering the fact that matrimonial dispute is pending between the parties and the petitioners herein are only in-laws of the defacto complainant and a H.M.O.P is pending between A1 and the defacto complaiant, 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 his appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned Additional Mahila Court, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) 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 condition 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 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 against the petitioners in accordance with law as if the conditions 2/3

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/- 01/10/2020 / 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 JUDGE, ADDITIONAL MAHILA COURT, MADURAI.

2. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.10662 of 2020 Date :01/10/2020 VSD SRS/ SMA/ SAR-III/ 08.10.2020/ 3P/4C 3/3