Madras High CourtCRL OP(MD)/18183/2019partly allowed

B. Rajeshwaran v. The Inspector Of Police

2020-01-08Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. B.Rajeshwaran,

2. Amirthavalli,

3. R.Vidya, ... Petitioners/ Sole Accused Vs The State rep.by Inspector of Police, All Women Police Station - South, Madurai.

(Crime No. 1 of 2020). ... Respondent/Complainant For Petitioner : M/s.P.Pethu Rajesh, Advocate. For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor For Intervener : Mr.K.Baalasundharam, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 1 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners, the learned Government Advocate(Crl. Side) appearing for the respondent and the learned counsel for the intervener.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 498(A) and 406 of I.P.C., in Crime No.1 of 2020 on the file of the respondent police, seek anticipatory bail.

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3. The petitioners 2 and 3 are only in-laws of the defacto complainant. The learned counsel for the petitioners would point out that this is a second innings for both the parties. Serious allegations have been made against the first petitioner who is the husband of the defacto complainant. The defacto complainant would allege that her jewels have been taken away by the accused and that they were not being returned.

4.In view of the serious allegations made against the petitioner, I am of the view that the first petitioner is not entitled for the relief of anticipatory bail. Accordingly, this Criminal Original Petition is dismissed as regard the first petitioenr is concerned.

5.However, the petitioners 2 and 3 are women. I am of the view that their arrest is not going to advance the cause of investigation. Therefore, I am inclined to grant anticipatory bail to the petitioners 2 and 3 with certain conditions. Accordingly, petitioners 2 and 3 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Madurai, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two common sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 2 and 3 shall appear before the respondent police as and when required for interrogation. The petitioners 2 and 3 shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioners 2 and 3 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/- 08/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI.

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2 -DO-THRO- THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION SOUTH, MADURAI.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.P.PETHU RAJESH, Advocate ( SR-479[I] dated 09/01/2020 )

ORDER

IN CRL OP(MD) No.18183 of 2019 Date :08/01/2020 pnn ES/VR/SAR 1/20.01.2020/3P/6C 3/3