Jeganathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16767 of 2018 1 JEGANATHAN 2 KARPAGAM ... PETITIONERS / ACCUSED NO. 5 & 4 Vs STATED REPRESENTED BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION(TOWN), MADURAI CITY.

(CRIME NO.3 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.A.BANUMATHY Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 417 and 506(i) of I.P.C. in Crime No.3 of 2018, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the de-facto complainant alleged to have preferred a complaint against the petitioners alleging that the petitioners are behind the stoppage of his daughter's marriage to be held on 12.09.2018, since the bridegroom is the brother of the 2nd petitioner and the 1st petitioner is husband of the 2nd petitioner. In fact, the bridegroom is not interested in the marriage and hence the marriage was stopped. Moreover, even though the petitioners are sister and uncle of the bridegroom, they did not attend even the betrothal ceremony. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them. Hence, he prays for grant anticipatory bail to the petitioners.

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4. The learned Additional Public Prosecutor appearing for the respondent would submit that the investigation is pending.

5. Considering the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Additional Mahila Court, (Judicial Magistrate Level), Madurai, and on their executing 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

6.The petitioners 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 shall stand dismissed.

sd/- 20/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL MAHILA COURT, (JUDICIAL MAGISTRATE LEVEL), MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION(TOWN), MADURAI CITY.

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

+1. CC to M/S.A.BANUMATHY Advocate SR.No.18065 PS/RR/SAR-2:28/09/2018:2P/6C

ORDER

IN CRL OP(MD) No.16767 of 2018 Date :20/09/2018 https://hcservices.ecourts.gov.in/hcservices/