Manimaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI Manimaran ... Petitioner/Accused NO.1 Vs The State rep.by, The Inspector of Police, All Women Police Station, Thallakulam, Madurai City, Madurai.
(Crime No.57/2021) ... Respondent/Complainant For Petitioners : Mr.K.Surendran,Advocate.
For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.57/2021 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, 294(b) & 506(i) of I.P.C., in Crime No.57 of 2021 on the file of the respondent police, seeks anticipatory bail.
3. The case of the prosecution is that the marriage between the first accused and the defacto complainant took place on 23.05.2021. The marital relationship appears to have come under strain. The defacto complainant therefore filed a petition in H.M.O.P.No.521 of 2021 before the Family Court, Madurai, seeking dissolution of marriage. Hence, the complaint.
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4.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.
5.The learned Government Advocate (Crl. Side) for the respondent police submitted that there are four accused in this case and A2 to A4 are in-laws of the defacto complainant. Investigation is pending.
6.Considering the facts and circumstances of the case and also considering the fact that it is a matrimonial dispute, this Court is inclined to grant anticipatory bail to the petitioner.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the (*)learned Judge, Additional Mahila Court, Madurai, 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 Cantonment Police Station, Trichy, daily at 10.30 a.m., for a period of 30 days. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.
8. 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 shall stand dismissed.
sd/- 29/12/2021 (*)Amended as per order of this Hon'ble Court dated 31.01.2022 in Crl.MP(MD) No.806 of 2022 in Crl.OP(MD) No.21099 of 2021 by GIJ.
Time granted to surrender and to produce sureties is extended for a period of one month from the date of receipt of a copy of this order.
/ TRUE COPY / / /2022 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.
TO TO BE SUBSTITUED WITH THE ORDER DATED 29/12/2021 ALREADY DESPATCHED 1 THE JUDGE, ADDITIONAL MAHILA COURT, MADURAI.
2 THE JUDICIAL MAGISTRATE NO.II, MADURAI.
3 THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.
4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE INSPECTOR OF POLICE, CANTONMENT POLICE STATION, TRICHY ORDER IN CRL OP(MD) No.21099 of 2021 Date :29/12/2021 MK/CN/SAR.IV/03.01.2022/2P/7C tm PKP/JM/SAR-2/14.02.2022/3P/7C 3/3