Sakthivel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN

1. Sakthivel

2. Velu ... Petitioners/Accused Nos.1&3 Vs The State Rep.by The Inspector of Police, All Women Police Station, Ramanathapuram Ramanathapuram District (Crime No.14 of 2023) ... Respondent/Complainant For Petitioners : M/s.R.Velmurugan Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.14 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/accused who apprehend arrest at the hands of the respondent police for the offences punishable under sections 498(A), 406 and 506(i) of I.P.C., in Crime No.14 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the marriage between the first petitioner and the defacto complainant was solemnized 20 1/3

years back and the first petitioner was working in abroad for 10 years. The first petitioner is listening to A2 and A3 and living with the petitioner in the same house separately. The first petitioner without consulting and getting permission from the defacto complainant is giving the property to his sisters and he is not taking care of the defacto complainant and thereafter on 02.04.2023 the fist petitioner planned to add poison in the food and water and wanted to kill the defacto complainant and thereafter due to the fear the defacto complainant had given thali chaintothe first petitioner and thereafter all the accused persons started harassing the defacto complainant, hence the case.

3. Heard both sides and perused the materials available on record including the First Information Report.

4. Taking into consideration of the facts that it is a case of matrimonial dispute between the parties, this court is inclined to grant anticipatory bail to the petitioners , with certain conditions:

5. 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 on which the order copy made ready, before the learned Judicial Magistrate, Additional Mahila Court, Ramanathapuram 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed 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 first petitioner alone shall report before the respondent police daily at 10.30 am., for a period of two weeks and thereafter 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 2/3

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 absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 16/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO

1. The Judicial Magistrate, Additional Mahila Court, Ramanathapuram.

2. -do through The Chief Judicial Magistrate Ramanathapuram.

3. The Inspector of Police, All Women Police Station, Ramanathapuram Ramanathapuram District .

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S.VELMURUGAN.R Advocate SR.No.8900

ORDER

IN CRL OP(MD) No.10669 of 2023 Date :16/06/2023 DL/VS(23.06.2023)/ 3P/ 6C 3/3