Petchimuthu @ Petchimuthurajan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN 1.Petchimuthu @ Petchimuthurjan 2.Umamaheswari 3.Arumuga Perumal 4.Muthiah 5.Petchiammal @ Sudalai Petchiammai 6.Shanmuga Vadivu @ Shanmugavadivoo ... Petitioners/Accused Nos.1 to 6 Vs.
1.The State, represented by The Inspector of Police, Eral Police Station, Thoothukudi District.
Crime No.157 of 2023.
... Respondent/Complainant (*)2.Marubala ...2nd Respondent (*) R2 is suo motu impleaded as per order of the court dated 22/08/2023 in Crl OP(MD)No. 15264 of 2023 by GIJ For Petitioner : Mr.S.Sathyachidambaram, Advocate.
For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) 1/4
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.157 of 2023 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/Accused No.1 to 6, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 498(A) I.P.C., in Crime No.157 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant lodged a complaint stating that the marriage between herself and the first accused took place on 27.01.2021 as per the family and religious customary rites and after two months, she became pregnant. After that, unable to bear the above said pregnancy, the brother-in-law of the defacto complainant, assaulted and ill treated her and that was supported by other in-laws. Because of the above said ill treatment, she went to her parental home. Later, she gave birth to the child. Only because of attitude of the inlaws, she could not join with her husband. On that basis, the above said complaint has been registered.
3. Seeking anticiptory bail, this petition has been filed and for making out the settlement, notice was ordered to the defacto complaiannt by suo-motu impleaded, 2/4
but she has not choosen to appear before this Court.
4. In the facts and circumstances of the case, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.II, Srivaikundam, Thoothukudi District, on condition that the petitioners shall execute 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 daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
5. The petitioners 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 stands dismissed. sd/- 22/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO THE JUDICIAL MAGISTRATE NO.II SRIVAIKUNDAM, THOOTHUKUDI DISTRICT.
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DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
THE INSPECTOR OF POLICE ERAL POLICE STATION, THOOTHUKUDI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-14137[I] dated 25/09/2023 )
ORDER
IN CRL OP(MD) No.15264 of 2023 Date :22/09/2023 PKP/DD/SAR- /12.10.2023/ 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4