← Library
Madras High CourtCRL OP(MD)/9340/2024ordered

Muthulakshmi @ Lakshmi v. The Inspector Of Police

2024-06-26Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD).Nos.9340 and 9350 of 2024

1. Muthulakshmi @ Lakshmi

2. Murugan

3. Karpagam ... Petitioners/Accused No.2, 9 & 10

Versus

The Inspector of Police, All Women Police Station, Kovilpatti, Thoothukudi District.

(Crime No.7 of 2024) ... Respondent/Complainant For Petitioners :

Mr.M.Iniyavan, Advocate For Respondent :

Mr.P.Kottaichamy Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.7 of 2024 on the file of the Respondent Police. 1/5

Crl.O.P.(MD)No.9350 of 2024

1. Murugan

2. Subbiah

3. Veyilammal

4. Vani

5. Perumal ... Petitioners/Accused No.1,3,4,5 & 6

Versus

The Inspector of Police, All Women Police Station, Kovilpatti, Thoothukudi District.

(Crime No.7/2024) ... Respondent/Complainant For Petitioners :

Mr.M.Prabu, Advocate For Respondent :

Mr.P.Kottaichamy Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.7 of 2024 on the file of the Respondent Police. COMMON ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.7 of 2024, for the offence under Sections 498(A), 494 and 109 IPC, have filed this petition seeking anticipatory bail.

2. The first petitioner/A1 in Crl.O.P.(MD)No.9350 of 2024 is the husband and the petitioners 2 to 5/A3 to A6 are in-laws of the defacto complainant. The first petitioner/A2 in Crl.O.P.(MD)No.9340 of 2024 is the second wife of A1 and the petitioners 2 and 3 are her parents.

2/5

3. The case of the prosecution is that the marriage between the defacto complainant and A1 was solemnized in the year 2011. After the marriage, A1, A3 and A4 harassed the defacto complainant. Due to their wedlock, she gave birth to a female child on 23.09.2021. Thereafter, A1 stopped talking with the defacto complainant and he filed a divorce petition in H.M.O.P.No.164 of 2014 before the Sub Court, Kovilpatti, which was withdrawn by him. Subsequently, on 10.05.2015, A1 married the first petitioner in Crl.O.P.(MD)No.9340 of 2024 as second wife with the help of his family members. Again, A1 has filed a divorce petition in H.M.O.P.No.247 of 2017 and the same is pending before the Sub Court, Kovilpatti.

4. The learned counsel appearing for the petitioners submits that A1, who is the husband of the defacto complainant, is willing to pay a sum of Rs.10,000/- p.m. as monthly maintenance, to his wife/defacto complainant and her child, without prejudice to his defence in the application, if any, filed by the defacto complainant.

5. The learned Government Advocate (Crl. Side) submits that the investigation is yet to be completed.

6. Considering the nature of offence and also considering the undertaking given by A1/the husband of the defacto complainant that he will pay a sum of Rs.10,000/- p.m. as monthly maintenance to his wife and her child, this Court is inclined to grant anticipatory bail to the petitioners.

3/5

7. Accordingly, this Criminal Original Petition is ordered and 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 on condition that (i) the petitioners execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Kovilpatti, Thoothukudi District. (ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address.

(iii) The petitioners shall appear before the respondent Police as and when required for interrogation. They have to co-operate for the investigation. (iv) The first petitioner in Crl.O.P.(MD)No.9350 of 2024/A1 shall pay a sum of Rs.5,000/- p.m. each (rupees five thousand only) to the defacto complainant/wife and her child towards monthly maintenance, without prejudice to his defence in the application if any filed by the defacto complainant. (v) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. 4/5

(vi) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 26/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO 1 THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI, THOOTHUKUDI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT.

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

ORDER IN CRL OP(MD).Nos.9340 and 9350 of 2024 Date :26/06/2024 RS/VR/SAR-(05.07.2024) 5P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5