Madras High CourtCRL OP(MD)/19571/2021ordered

Nithya v. The Inspector Of Police

2021-12-10Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/12/2021 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN

1. Nithya,

2. Krishnan,

3. Sindha,

4. Karuppasamy,

5. Poopandiammal @ Muthulakshmi, ... Petitioners/Accused No.2 to 6 Vs State Rep by The Inspector of Police, AWPS, Kovil Patti, Thoothukudi District.

(Crime No.9/2021).

... Respondent/Complainant For Petitioners: M/s.Jegadeeswaran.R, Advocate.

For Respondent : Mr.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.9 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.2 to 6 who apprehend arrest at the hands of the respondent police for the offence punishable under sections 498(A), 494, 294(b), 506(i) of IPC and 4 of TNPHW Act, 2002, in Crime No.9 of 2021 on the file of the respondent police, seek anticipatory bail.

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2. The case of the prosecution is that the defacto complainant and the first accused are husband and wife and the petitioners herein are in-laws of the defacto complainat. The marriage between the defacto complainant and the first accused took place on 27.10.2021. After the marriage, they got female child. Because of the marriage of the first accused with the first petitioner, trouble has arisen between the husband and wife. When that was questioned, assault has been made and she was driven out of the matrimonial house. Hence, this complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the first accused has been arrested and thereafter, released on bail. Hence, he seeks anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) would submit that the petitioners 2 and 5 also supported and instigated the second marriage of the first accused with the first petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that the main allegation has been made against the first accused has already been released on bail, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are 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 No.I, Kovilpatti, and on further condition that the petitioners shall report 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.

sd/- 10/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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.

1. The Judicial Magistrate No.I, Kovilpatti.

2. Do-Through The Chief Judicial Magistrate, Tuticorin District.

3. The Inspector of Police, Awps, Kovil Patti, Thoothukudi District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER IN CRL OP(MD) No.19571 of 2021 Date : 10/12/2021 TR/JC/SAR-IV(16.12.2021) 3P 5C 3/3