CRL OP(MD)/19581/2019 of K.Viswanathan Vs The Inspector of Police on 30 December 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )Date : 30/12/2019PRESENT

The Hon`ble Mrs.Justice T.KRISHNAVALLI

CRL OP(MD). No.19581 of 2019

1.K.Viswanathan

2.K.Jayaram

3.K.Karupayee ... Petitioners/AccusedNot Known

Vs

The State rep.byThe 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 ofthe Respondent Police ORDER : The Court made the following order :- The petitioners apprehend arrest at the hands of the respondentpolice for the alleged offences punishable under sections 147, 148,323, 324, 294(b) and 506(ii) of IPC and Section 4 of the Tamil NaduProhibition of Harassment of Women Act, 1998 in Crime No.695 of 2019on the file of the respondent police and hence, seek anticipatorybail.

2.The case of the prosecution is that the marriage wassolemnized between the first petitioner and defacto complainant'sdaughter. Due to the matrimonial dispute, the first petitioner andhis family members have frequently quarreled with the defactocomplainant's daughter. On account of such quarrel, the complainthas been lodged.https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel for the petitioners submitted that thepetitioners are innocent persons and they have not committed anyoffence as alleged by the prosecution.

4.The learned Government Advocate (Crl.side) appearing for theState on instructions submitted that the third petitioner herein isnot an accused in crime No.695 of 2019. He further submitted thatthe injured has been discharged from the hospital.

5.In view of the endorsement made by the learned counsel forthe petitioners and also the submission of the learned GovernmentAdvocate (crl.side), this petition is closed, as far as the thirdpetitioner is concerned.

6.Considering the above facts and circumstances of the case andalso considering the fact that the injured has been discharged fromthe hospital, this Court is inclined to grant anticipatory bail tothe petitioners 1 and 2 with certain conditions.

7.Accordingly, the petitioners 1 and 2 are ordered to bereleased on bail in the event of arrest or on their appearancebefore the learned Judicial Magistrate No.IV, Madurai and on theirexecuting 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 satisfactionof the learned Magistrate concerned and the petitioners 1 and 2shall appear before the respondent police daily at 10.00 a.m and05.00 pm, until further orders. The petitioners 1 and 2 shall complywith the condition stipulated under Section 438 Cr.P.C.scrupulously.

8.The petitioners 1 and 2 shall appear before the concernedMagistrate within a period of 15 days from the date on which theorder copy made ready, failing which, the petition for anticipatorybail stands dismissed.

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 MADURAI

2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

https://hcservices.ecourts.gov.in/hcservices/

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