Krishnamoorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.20645 of 2018 1 KRISHNAMOORTHY 2 GANDHI 3 GURULAKSHMI ... PETITIONERS/ ACCUSED NOS.1 TO 3 Vs STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SANKARANKOVIL, TIRUNELVELI DISTRICT.

IN CRIME NO. 9 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.NALLAMUTHU Advocate For Respondent : MR.S.CHANDRASEKAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 498(A), 355, 506(ii) IPC and Section 4 of Women Harassment Act in Crime No.9 of 2018, seek anticipatory bail. 2.The case of the prosecution is that the first petitioner is the husband of the defacto complainant and other petitioners are parents. Due to some dispute, the defacto complainant lodged a complaint against the petitioners.

3.It is submitted that marriage between the defacto complainant ad the first petitioner was solemnized on 27.08.2017. Thereafter, she left the matrimonial home and live her parents. The dispute between the first petitioner and the defacto complainant is that the defacto complainant wanted to set-up a separate home leaving the parents of the first petitioner but the first petitioner did not accept the same. Thereafter, she filed a petition before the learned Judicial Magistrate, Sankarankoil under Section 156(3)

Cr.P.C., and as per the direction of the learned Judicial Magistrate, the First Information Report came to be registered. 4.The learned counsel for the petitioners would submit that a false case has been foisted against them and they have nothing to do with the alleged offence.

5.The learned Government Advocate (Crl.side) would submit that the investigation is pending.

6.Taking into consideration the facts of the case and the submissions by learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioners. 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sankarankoil on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that:

[a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[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 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 11/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOIL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SANKARANKOVIL, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.M.NALLAMUTHU Advocate SR.No.23100

ORDER

IN CRL OP(MD) No.20645 of 2018 Date :11/12/2018 JM/VR MMS/SAR 2/20.12.2018/3P/6C