T. Prince v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. T. Prince,
2. N.Sivakumar, ... Petitioners/Accused 2 & 3 Vs The Inspector of Police, All Woman Police Station, Marthandam, Kanyakumari District..
In Cr.No.18 of 2023 ... Respondent/Complainant For Petitioner : M/s.SUSI KUMAR.C., Advocate.
For Respondent : Mr.R.SURESH KUMAR, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.18 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 498(A), 494, 506(ii) and 109 of IPC and 1/4
Section 4 of Dowry Prohibition Act, 1961, in Crime No.18 of 2023, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the first accused performed his second marriage with the help of these petitioners. Hence, the complaint.
3. The learned counsel for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners did not aware about the earlier marriage of the first accused and the family dispute between the defacto complainant and the first accused.
4. The learned Government Advocate(Crl.Side) appearing for the respondent submits that no previous case is pending against the petitioners. He further submitted that the first accused is the husband of the defacto complainant and the petitioners are performed the second marriage to the first accused. The first petitioner is the pastor of the church and the second petitioner has singed in the marriage register.
5. Considering the facts and the circumstances of this case and considering the limited role that has been played by this petitioners, this Court is inclined to grant anticipatory bail to the petitioners, however, with stringent conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of 2/4
arrest or their appearance, before the learned Judicial Magistrate No.I, Kulithurai, and on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned Magistrate concerned; and the petitioners shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 02/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA TO 1 THE JUDICIAL MAGISTRATE NO.I, KULITHURAI, KANYAKUMARI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.
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3 THE INSPECTOR OF POLICE, ALL WOMAN POLICE STATION, MARTHANDAM, KANYAKUMARI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-11779[I] dated 03/08/2023 ) ORDER IN CRL OP(MD) No.14067 of 2023 Date :02/08/2023 SA/VR/SAR. /11.08.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4