Madras High CourtCRL OP(MD)/9103/2024ordered

Manimuthu v. The Inspector Of Police

2024-07-09Honourable Mr Justice A.A.Nakkiran5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Manimuthu, ... Petitioner/Accused No.1 Vs The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

(Crime No.9/2024).

... Respondent/Complainant Poornimadevi ... Petitioner/Defacto Complainant In Crl.MP(MD).6795/2024 in Crl.OP(MD).9103/2024 For Petitioner : M/s.Navaneetha Krishnan R, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervenor : Mr.R.Shankar Ganesh, Advocate.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.9/2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 498(A), 406 & 506(1) of IPC in Cr.No.9 of 2024, seeks anticipatory bail.

2. Since it is a matrimonial dispute between the petitioner and the defacto complainant, earlier, this Court, by the order dated 21.06.2024 referred the matter to the Mediation and Conciliation Centre attached to this Bench for settlement by appointing MR.B.Santhanam Rahesh Kumar (Ms.2130/11) as Mediator. 3.Today, when the matter is taken up for hearing, it is reported that the matter has been amicably settled before the Mediation and Conciliation Centre attached to this Bench and a report is filed to that effect. 4.A perusal of the said report would reveal that the petitioner / husband is ready to live with the defacto complainant / wife. But, the wife is not willing to live with him. She only claims maintenance amount from the petitioner. Finally, the petitioner is agreed to pay a sum of Rs.50,000/- towards school fees for two children and also agreed to pay a sum of Rs.10,000/- every month as maintenance to the defacto complainant. At the time of hearing, the petitioner as agreed by him, has handed over the Demand Draft for a sum of Rs.50,000/- to the defacto complainant.

5. The learned counsel appearing for the Intervenor has admitted the above said 2/5

facts and also stated that the defacto complainant has received the Demand Draft for a sum of Rs.50,000/-, which was given by the petitioner towards school fees for two children.

6. The learned Additional Public Prosecutor appearing for the petitioner has also affirmed the above said facts.

7.Considering the facts and circumstances of the case and also considering the fact that the matter was settled before the mediation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 8.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Paramakudi, Ramanathapuram District, on condition that the petitioner shall execute a bond for a sum of Rs.

for interrogation;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

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

sd/- 09/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.R.NAVANEETHA KRISHNAN, Advocate ( SR-7699[I] dated 10/07/2024 )

ORDER

IN CRL OP(MD) No.9103 of 2024 Date :09/07/2024 SA/GS/SAR. /22.07.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5