Kavitha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16580 of 2021 Kavitha ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, All Women Police Station, Keeranur, Pudukkottai District.

(Crime No.18 of 2021).

... Respondent/Complainant For Petitioner : M/s.Prabhu T, Advocate.

For Respondent : M/s.M.Vaikkkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.18 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, who apprehends arrest at the hands of the respondent police for the offence punishable under sections 294(b), 494, 498(A) and 506(i) of IPC, in Crime No.18 of 2021 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant got married with A1 and they are blessed with two daughters. After marriage, A1 harassed and abused the defacto complainant for the purpose of marrying the petitioner herein and suddenly, he married this petitioner. Hence, this complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and she has not committed any offence as

alleged by the prosecution. He would further submit that A1 was released by granting anticipatory bail by this Court. Hence, he seeks anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) would submit that A1 was released by granting anticipatory bail by this Court, in Crl.OP(MD)No.16803 of 2021, on condition of payment to the defacto complainant monthly Rs.8,000/-.

5. The allegation against this petitioner is that she married A1, when the defacto complainant is alive. Even though, there is a denial on the part of the petitioner, the learned Government Advocate (Crl.Side) would submit that because of the second marriage, a child has been born to the petitioner herein. 6.Considering the facts and circumstances of the case and also considering the allegation against the petitioner and A1 was released on bail by this Court, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail, on executing a personal 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 Judicial Magistrate Court, Keeranur, and on further condition that the petitioner shall report before the respondent police at 10.30 a.m. once in a week, until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously.

Sd/- 08/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE COURT, KEERANUR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KEERANUR, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.16580 of 2021 Date :08/12/2021 SP/JM/SAR III/14/12/2021/3P/5C