CRL OP(MD)/19633/2019 of Thangaraj 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

1. Thangaraj

2. Sankar

3. Backialakshmi ... Petitioners/Accused Nos. 1 to 3

Vs

State Represented by,The Inspector of Police,All Women Police Station, Sankarankovil, Tenkasi District.

(Crime No.10 of 2019). ... Respondent/Complainant For Petitioners : Mr.M.Prabu, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

PRAYER :-

For Bail in Crime No.10 of 2019 on the file of the RespondentPolice.

ORDER : The Court made the following order :- The petitioners apprehend arrest at the hands of the respondentpolice for the alleged offences punishable under sections 294(b),417 and 506(ii) of IPC in Crime No.10 of 2019 on the file of therespondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the first petitioner andthe defacto complainant loved with each other and both are decidedto arrange the marriage function. In the meanwhile, the firstpetitioner had sexual intercourse with the defacto complainant.Thereafter, due to misunderstanding between the first petitioner andthe defacto complainant, the first petitioner married with oneMalathi. When the same was questioned by the defacto complainant,the first petitioner along with other accused persons abused herwith filthy language and also threatened her. Hence, the complaint.

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.Heard the learned Government Advocate (Crl.side) appearingfor the State.

5.Considering the above facts and circumstances of the case andconsidering the offence committed by the first petitioner, thisCourt is not inclined to grant anticipatory bail to the firstpetitioner. Accordingly, this Criminal Original Petition isdismissed as far as the first petitioner is concerned. Insofar asthe second and third petitioners are concerned, this Court isinclined to grant anticipatory bail to them with certain conditions.

6.Accordingly, the petitioners 2 and 3 are ordered to bereleased on bail in the event of arrest or on their appearancebefore the learned Judicial Magistrate, Sankarankovil, TenkasiDistrict and on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each along with two sureties each for alike sum to the satisfaction of the learned Magistrate concerned andthe petitioners 2 and 3 shall appear before the respondent policedaily at 10.00 a.m and 05.00 pm, until further orders. Thepetitioners 2 and 3 shall comply with the condition stipulated underSection 438 Cr.P.C. Scrupulously.

7.The petitioners 2 and 3 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.

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 SANKARANKOVIL, TENKASI DISTRICT.

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

3 THE INSPECTOR OF POLICE

ALL WOMEN POLICE STATION, SANKARANKOVIL, https://hcservices.ecourts.gov.in/hcservices/ TENKASI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M.PRABU, Advocate ( SR-22542[I] dated 30/12/2019 )