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Madras High CourtCRL OP(MD)/11603/2022partly allowed

Manimegalai v. The Inspector Of Police

2022-06-29Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Manimegalai,

2. Rajendran, ... Petitioners/Accused No.2&3 Vs THE STATE REP BY, The Inspector of Police, All Women Police Station, Karur.

(Crime No. 29 of 2022).

... Respondent/Complainant For Petitioners: MR.J.Sathia Raj,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. 29 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused No.2 & 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 406 and 506(i) of IPC, Crime No.29 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The first petitioner is the mother-in-law of the defacto complainant and the second petitioner is the brother of the first petitioner. The complaint has been lodged by the defacto complainant, who is the wife stating that the marriage between the first accused and her was performed on 08.11.2021. After marriage, they were living in the house of the second petitioner with her husband. During that period, she was harassed and tortured by the 1/3

accused. Even before the marriage, during the betrothal time, trouble has been created by the second petitioner and stopped the marriage. Due to intervention of the villagers, it was performed and she was provided with sufficient Sridhanas and household articles. Again, torture was continued and the second petitioner alleged to have misbehaved with her. Over which, trouble has been arisen. Apart from that, demand of money, property etc., Wherein, the first petitioner also joined him.

3.The learned counsel for the petitioner would submit that the first accused namely, the husband was arrested and remanded to custody. Later, released on bail on 28.06.2022 by the learned Additional Mahila Court, Karur. He would further submit that M.C.No.7 of 2022 is also pending before the Family Court, Karur, which was filed by the defacto complainant. According to him, the petitioners are noway involved in the matrimonial issue between the husband and wife.

4.Insofar the second petitioner is concerned since serious allegation has been made in the FIR, he is not entitled for anticipatory bail. Hence, this petition is dismissed as against the second petitioner is concerned. Insofar as the first petitioner is concerned, only bald allegation has been made. Hence, this Court is inclined to grant anticipatory bail to the first petitioner with certain conditions.

6. Accordingly, this Criminal Original Petition is partly allowed and the first petitioner is ordered to be released on bail in the event of arrest or on her appearance, before the learned Judicial Magistrate Cum Additional Mahila Court, Karur, on condition that the first petitioner shall execute 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 the first petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The first petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The first petitioner 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 stands dismissed.

sd/- 29/06/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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DSS 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 CUM ADDITIONAL MAHILA JUDGE, KARUR.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARUR.

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

+1 CC to M/s.J.SATHIARAJ, Advocate ( SR-6391[I] dated 30/06/2022 )

ORDER

IN CRL OP(MD) No.11603 of 2022 Date :29/06/2022 PKP/SVR/SAR-1/07.07.2022/3P/6C 3/3