G.Gurusamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/08/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI G.Gurusamy ... Petitioner/Accused No.1 Vs The Inspector of Police, All Women Police Station, Andipatti, Theni District, Crime No.3/2024.

... Respondent/Complainant For Petitioner : Mr.K. Manavalan, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS / 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.3/2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 294(b), 506(ii) of IPC, in Crime No.3 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.There is a matrimonial dispute between the defacto complainant and the petitioner and his family members. Totally there are four accused in this case. The petitioner is arrayed as A1. Except this petitioner, others have been granted anticipatory bail by this Court. The earlier application filed by this petitioner in Crl.OP(MD) No.5821 of 2024 was dismissed by this Court on 26.06.

2024, considering the conduct of this petitioner that he has not appeared before the Mediation Centre, though he proposed mediation to settle the issue with the defacto complainant. 3.Now the petitioner has renewed his application on the ground that this petitioner is willing to solve the issue amicably, however, there is no scope for reunion. Therefore, the matter was once again referred for mediation.

pay a sum of Rs.4,000/- each to his child and his wife as maintenance, without prejudice to his claim, if any in the maintenance application or any other applications to be filed by his wife. He has also filed an affidavit to that effect. The Mediator has also expressed that there is no scope for re-union. 4.Considering the submission made by the learned counsel for the petitioner that the petitioner has come forward to pay a sum of Rs.4,000/- each to his child and wife as maintenance, this Court is is inclined to grant anticipatory bail to the petitioner.

5.Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Andipatti, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Andipatti, Theni and on further conditions that:

i. The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their 3/5

residence address;

ii. The petitioner shall appear before the respondent police as and when required.

iii. The petitioner shall pay a sum of Rs.4,000/- each to his child and his wife towards maintenance every month.

iv. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well. v. On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 30/08/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (CS-I/ II/ III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO 1.THE JUDICIAL MAGISTRATE, ANDIPATTI, THENI 4/5

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI.

3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ANDIPATTI,THENI DISTRICT, 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.MANAVALAN, Advocate ( SR-10724[I] dated 02/09/2024 )

ORDER

IN CRL OP(MD) No.11671 of 2024 Date :30/08/2024 RK/VR (05/09/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5