Kaleeswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Kaleeswaran ... Petitioner/Accused No.1 Vs State represented through, The Inspector of Police, All Woman Police Station, Karaikudi Police Station, Sivagangai District.

(Crime No. 16 of 2019). ... Respondent/Complainant For Petitioner : M/s. S.M.A. Jinnah, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervenor : Mr.M.Jerin Mathew Advocate.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.16 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 498(A), 406 and 494 of I.P.C., in Crime No.16 of 2019 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner got married to the defacto complainant in the year 2016 and begotten two children through her and thereafter deserted her and opted for another girl and he has also been shifted to Trichy. The petitioner has resigned his existing job also. 1/3

4. The petitioner through his counsel gives an undertaking that he will pay a sum of Rs.5,000/- as maintenance to his wife and children.

5. This liability will commence from this month onwards. The petitioner shall get the bank account details of the defacto complainant and remit in the said account on or before 20th of every month. The petitioner also undertakes to return the articles and other belongings to the petitioner. It is the responsibility of the petitioner to have them transported and hand over them to the defacto complainant. This is only an interim arrangement and without prejudice to the rights of the defacto complainant. This order would abide by the final order that may be passed by the jurisdictional civil Court or the family Court.

6. In view of the above, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Karaikudi, and on his executing 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

7. The petitioner 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/- 16/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, KARAIKUDI, SIVAGANGAI DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

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3.THE INSPECTOR OF POLICE ALL WOMAN POLICE STATION, KARAIKUDI POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S. S.M.A. JINNAH Advocate SR.No.15553

ORDER

IN CRL OP(MD) No.12681 of 2019 Date :16/09/2019 PMU PK/JC/SAR-1/19.09.2019 : 3P/6C 3/3