BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9854 of 2011 NOVAL SAGAYA CHARLES ... PETITIONER / ACCUSED(NOT KNOWN) Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TUTICORIN, TUTICORIN DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. M.VALLINAYAGAM Advocate For Respondent : M/S. A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 342, 366 and 417 I.P.C. in Crime No.6 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2. The learned counsel appearing for the petitioner would submit that even though a case has been registered for the offence under Sections 342, 366 and 417 I.P.C., the petitioner married the de-facto complainant on 02.09.2009 and the marriage is the registered one and after that she was taken by per parents. He would further submit that the petitioner has filed a petition in H.C.P.No.873 of 2009 and the same was closed and he apprehends for arrest and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional public Prosecutor (Crl. Side) would submit that the petitioner has taken obscene photograph of the de- facto complainant and threatened her and got married her and hence, she gave a complaint before the DGP on 28.01.2011 and a case was registered on 26.05.2011 and the investigation is going on and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides and also considering the facts and circumstances of the case, this Court finds that the marriage has been performed between the petitioner and the de-facto complainant on 02.09.2009 and the marriage is the registered one and on 10.02.2011 legal notice has been sent stating that she has intended to file a divorce petition before the District Court, https://hcservices.ecourts.gov.in/hcservices/ Trichy, on the ground of the marriage was solemnized under threatening and undue influence and reply has been sent but no reply has been filed here and the petitioner has filed a petition in H.C.P.No.873 of 2009 and the same was closed as, “2. The learned Additional Public Prosecutor submits that on the complaint lodged by the petitioner, investigation is under progress. 3. Recording the submission made by the learned Public Prosecutor, the Habeas Corpus Petition is closed with a direction to the first respondent to proceed with the investigation and conclude the same at the earliest”. It reveals that as the de-facto complainant wants to obtain a decree of divorce, she issued notice even though the marriage has been performed on 02.09.2009 and after that the petitioner has filed a petition in H.C.P.No.873 of 2009 and the same was disposed of. In such circumstances, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Trichy and on executing 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 on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 5. The 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/- 09/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I, TRICHY 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TUTICORIN,TUTICORIN DISTRICT. +1. CC to M/S. M.VALLINAYAGAM Advocate SR.No.26926 ORDER IN CRL OP(MD) No.9854 of 2011 Date :09/08/2011 SMA/11.08.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/