K.Viswanathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/12/2019 PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI 1.K.Viswanathan 2.K.Jayaram 3.K.Karupayee ... Petitioners/Accused Not Known Vs The State rep.by The Inspector of Police, Subramaniapuram Police Station, Madurai City.
Crime No.695 of 2019 ... Respondent/Complainant For Petitioners : Ms.K.Vidya, Advocate.
For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.695 of 2019 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 147, 148, 323, 324, 294(b) and 506(ii) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998 in Crime No.695 of 2019 on the file of the respondent police and hence, seek anticipatory bail.
2.The case of the prosecution is that the marriage was solemnized between the first petitioner and defacto complainant's daughter. Due to the matrimonial dispute, the first petitioner and his family members have frequently quarreled with the defacto complainant's daughter. On account of such quarrel, the complaint has been lodged.
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3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Crl.side) appearing for the State on instructions submitted that the third petitioner herein is not an accused in crime No.695 of 2019. He further submitted that the injured has been discharged from the hospital. 5.In view of the endorsement made by the learned counsel for the petitioners and also the submission of the learned Government Advocate (crl.side), this petition is closed, as far as the third petitioner is concerned.
6.Considering the above facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners 1 and 2 with certain conditions. 7.Accordingly, the petitioners 1 and 2 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.IV, Madurai and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each along with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners 1 and 2 shall appear before the respondent police daily at 10.00 a.m and 05.00 pm, until further orders. The petitioners 1 and 2 shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
8.The petitioners 1 and 2 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/- 30/12/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO.IV, MADURAI 2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
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3.THE INSPECTOR OF POLICE, SUBRAMANIAPURAM POLICE STATION, MADURAI CITY.
4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.J.LAWRANCE Advocate SR.No.106525
ORDER
IN CRL OP(MD) No.19581 of 2019 Date :30/12/2019 MSA/RMK TK/VR/SAR.1/03.01.2020/3P/6C 3/3