M.Kannan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN M.Kannan ... Petitioner/(**)1st Accused Vs
1. The Inspector of Police, All Women Police Station, Tallakulam, Madurai City.
(*)Crime No. 66 of 2022.
... Respondent/Complainant (*)(**)Amended as per order of the Court dated 08/03/2023 in Crl.MP(MD).15192 of 2022 in Crl.OP(MD).14543/2022 by GKIJ.
(*)2. Mrs.Suganya, ... 2nd Respondent (*)R2 is suo motu impleaded as per order of the Court dated 12/08/2022 in Crl.OP(MD).14543/2022 by GIJ.
For Petitioner : M/s. Saravanan.R., 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. 66 of 2022. on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/accused who apprehends arrest at the hands of the respondent police for the offences punishable under sections 498(A) and 406 of I.P.C., in (*)Crime No. 66 of 2022. on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the marriage between the petitioner and the defacto complainant was solemnized on24.06.2020 and from the date of marriage there was some misunderstanding 1/3
between them and the defacto complainant refused to lead a peaceful life. Inspite of repeated efforts the defacto complainant refused to come and live with the petitioner and foisted this 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Madurai on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 petitioner 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 petitioner 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 08/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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AAV TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TALLAKULAM, MADURAI CITY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S. SARAVANAN.R. Advocate SR.No.3796
ORDER
IN CRL OP(MD) No.14543 of 2022 Date :08/03/2023 SA/MMS/SAR.3/23.03.2023/3P/6C 3/3