Madras High CourtCRL OP(MD)/4115/2018disposed of

Sankar, v. The Inspector Of Police

2018-04-28Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Saturday, the Twenty Eighth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.4115 of 2018 1 K.SANKAR 2 A.K.KAKKAPPAN 3 K.VASANTHA 4 K.GANESH KUMAR ... PETITIONERS / ACCUSED Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE, STATION, MELUR, MADURAI DISTRICT (CRIME NO.1/2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.C.KATHIRESAN Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) For Intervener : Mr.M.KANNAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 406 and 498A of I.P.C.,in Crime No. 1 of 2018.

2.Heard the learned counsel for the petitioners, the learned Government Advocate (Crl.Side) appearing for the respondent and the learned counsel for the intervener.

3.This Court granted interim anticipatory bail to the petitioners, after recording the undertaking given by the petitioners that the Sridhana articles would be returned to the defacto complainant. Today, when the matter was taken up for hearing, the learned counsel for the intervener submitted that the sridhana articles are yet to be returned. The undertaking given before his Court was breached.

4.Taking note of the fact that the petitioners 2,3 and 4 are only in-laws, the interim anticipatory bail earlier granted is made absolute for them. The petitioners 2 to 4 need not surrender or https://hcservices.ecourts.gov.in/hcservices/

execute fresh bond.

5. The first petitioner / A1 is the husband. Taking note of the serious allegations made against the first petitioner and the fact that the undertaking given by him was not honoured, this Court dismiss the Criminal Original Petition filed by the first petitioner. Since the undertaking given by the petitioners before this Court has been breached, it is made clear that the first petitioner shall not be entitled to file any more application for anticipatory bail.

6.The Registry is directed not to entertain any Criminal Original Petition by the first petitioner herein. sd/- 28/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE, STATION, MELUR, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +2. CC to M/S.C.KATHIRESAN Advocate SR.No.64541 +1 CC TO Mr. M.KANNAN , Advocate, Sr.No. 7777 COPY TO:

THE SUB ASSISTANT REGISTRAR, CRIMINAL SIDE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI PNN JAM/08/05/2018/ PMI/VK/2P-9C ORDER IN CRL OP(MD) No.4115 of 2018 Date :28/04/2018 https://hcservices.ecourts.gov.in/hcservices/