BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12166 of 2011 1 LAXMANAN 2 KANMANI 3 SHANMUGANATHAN 4 SAROJA 5 PALANIKANNU 6 VADIVELU ... PETITIONERS /ACCUSED Vs STATE REP BY THE WOMEN-INSPECTOR OF POLICE VADAMADURAI, DINDIGUL DISTRICT, CRIME NO.23/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. A.SHAJAHAN Advocate For Respondent :Mr.A.RAMAR,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A) and 506(ii) of I.P.C. in Crime No.23 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioners would submit that on the basis of order passed by this Court made in Crl.O.P(MD) No.11544 of 2011, a case has been registered against the petitioners under Sections 498(A) and 506(ii) of I.P.C., in Crime No.23 of 2011. He further submitted that the marriage between the defacto complainant and the first petitioner has been performed 20 years before and she deserted her husband in the year 2000 onwards and thereaftr, she is living in her parent's house along with her son and daughter and her daughter also got married. He further submitted that the first petitioner got customary divorce from the defacto complainant and attempted to second marriage and hence, a false case has been foisted against the petitioners. 3.He further submitted that the third petitioner is the co- brother of A1, the second petitioner is the wife of third petitioner, fourth petitioner is the sister of A1 and the petitioners 5 and 6 are the brothers of A1 and they have nothing to do with the alleged commisison of offence and hence, he has come forward with the present application for anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor would submit that the first petitioner is the husband of the defacto complainant and they are having two children. He further submitted that since the first petitioner is having illicit intimacy with the second petitioner and also harassed the defacto complainant with the aid of the other accused, a case has been registered against them and the investigation is going on and hence, he prays for the dismissal of this application. 5.Considering the rival submissinos made by both sides and also considering the fact that the marriage between the defacto complainant and the first petitioner has been performed on 20 years before and because of the difference of opinion, she left the matrimonial home in the year 2000 on wards and on the basis of the direction of this Court only case has been registered, so I am inclined to grant anticipatory bail to the petitioners, with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate Court, Natham, and on executing a separate 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 petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 7.The petitioners shall appear before the concerned Magistrater 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/- 14/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE, NATHAM 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE WOMEN-INSPECTOR OF POLICE VADAMADURAI, DINDIGUL DISTRICT +1. CC to M/S. A.SHAJAHAN Advocate SR.No.31287 rl/6c – 20.9.2011 ORDER IN CRL OP(MD) No.12166 of 2011 Date :14/09/2011 https://hcservices.ecourts.gov.in/hcservices/