Arunkumar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Arunkumar ... Petitioner/Sole Accused

Vs The Inspector of Police, Cumbum North Police Station, Theni District. Crime No.74/2023. ... Respondent/Complainant

For Petitioner : M/s.Murali Kumar.A,

Advocate.

For Respondent : Mr.R.M.Anbunithi,

Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.74/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, 294(b) and 506(i) of I.P.C., in Crime No.74 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that one Sarasu lodged a complaint alleging that her daughter Meena was issueless and abandoned by her first husband. Thereafter, she was given in marriage to the petitioner and they begot one male child and the petitioner had suppressed the earlier marriage. Due to the harassment of this petitioner, her daughter committed suicide. Further, the petitioner took away the 15 sovereigns of gold jewels and also obtained loan of Rs.5,00,000/- by mortgaging their only house that stands in the name of her husband and not taken any steps to repay and redeem the house property. She having no means to raise her grandson made a complaint to return the jewels and redeem the house and the petitioner had given an undertaking, but he did not keep up his words. While being so, on 03.03.2023, when she claimed the jewels and amount, the petitioner scolded her in filthy language and threatened her with dire consequences.

3.Heard. Perused the materials available on record including the First Information Report.

4.It is seen that the petitioner having living together relationship with the daughter of the de-facto complainant. During that period, the de-facto complainant who is being the mother of the girl borrowed loan from the bank to the tune of Rs.5,00,000/- and handed over to the petitioner. It is also seen that the petitioner is a married person and the de-facto complainnat's daughter is also a married person. However, both had living together relationship. The loan was borrowed in the year 2019. However, the de-facto complainant lodged a complaint only now as against the petitioner with the above said allegations.

5.Considering the above facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Uthamapalayam, Theni District, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioner shall report before the respondent Police, daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. sd/- 08/06/2023

/ TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. sji TO

1.THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI

3.THE INSPECTOR OF POLICE, CUMBUM NORTH POLICE STATION, THENI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.A.MURALI KUMAR, Advocate ( SR-8454[I] dated 09/06/2023 ) ORDER IN CRL OP(MD) No.9538 of 2023 Date :08/06/2023 RK/MMS/SAR- (15/06/2023) 3P/6C