Mari v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16915 of 2023 Mari

... Petitioner/Accused No.2

Vs The State, represented by The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District. (Crime No.19 of 2021). ... Respondent/ Respondent

For Petitioner : Mr.R.Jegadeeswaran,

Advocate.

For Respondent : Mr.S.Manikandan,

Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :-For Anticipatory Bail in Crime No.19 of 2021 on the file of the Respondent Police. ORDER : The Court made the following order :-

The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 294(b), 506(i) of I.P.C, and Section 4 of Dowry Prohibition Act, 1961, in Crime No.19 of 2021 on the file of the respondent Police, seeks anticipatory bail.

¶2The case of the prosecution is that the defacto complainant lodged a complaint stating that the marriage between her and the first accused took place on

04.09.2016 and after five years of marriage, the child was born to them. Considering the earlier affair with one Deepa, she was brought by the first accused to his house and started to living with her. On the basis of the above said and due to continuous harassment, ill treatment, she lodged a complaint against the petitioner. Hence, the complaint.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent and is aged widow. She is no way connected with the alleged offences.

¶4The learned Government Advocate (Crl. Side) for the respondent Police submitted that it is the issue between the husband and wife. This petitioner is mother-in-law of the defacto complainant.

¶5Considering the facts and circumstances of this case and also considering that the limited overt act attributed against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Paramakudi, Ramanathapuram, 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 learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

¶7The petitioner 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/- 20/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. Indu TO

¶1The Judicial Magistrate, Paramakudi, Ramanathapuram.

¶2Do through the Chief Judicial Magistrate, Ramanathapuram.

¶3The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R.JEGADEESWARAN, Advocate ( SR-13908[I] dated 20/09/2023 ) ORDER IN CRL OP(MD) No.16915 of 2023 Date :20/09/2023 SSA/MGA/05.10.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023