BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.12503 of 2011 A.KRISHNAMOORTHY ... PETITIONER/ACCUSED NO.1 Vs STATE THROUGH THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DINDIGUL DISTRICT. CRIME NO.26/2011 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.P.SEPANA @ SREE ADVOCATE FOR RESPONDENT : MR.A.RAMAR ADDITIONAL PUBLC PROSECUTOR PETITION FOR ANTICIPATORY BAIL UNDER SEC.438 CR.P.C. ORDER : THE COURT MADE THE FOLLOWING ORDER :- The petitioner/accused No.1 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498- A, 406 of IPC in Crime No.26 of 2011 on the file of the respondent police and hence,seek anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner is arrayed as A1 and the marriage between the petitioner and the defacto complainant has been performed on 15.11.2007 and due to lawful wedlock they gave birth to two children and she left the matrimonial home due to misunderstanding on February 2011 and complaint has been given on 6.9.2011 against four persons and the petitioner is the husband of the defacto complainant and A2 to A4 are in-laws and they were already arrested and enlarged on bail. He further submitted that the case of the prosecution is that A1 have demanded four sovereigns and ten thousand rupees and a false case has been foisted against him and the petitioner apprehend for arrest and he come forward with this application and prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor submitted that A1 having the illicit intimacy with one Silambarasi and demanded Rs.60,000/- and received the same and he driven out the defacto complainant and hence, the case has been registered and investigation is going on and hence,he prays for dismissal of this application. 4. Considering the rival submissions made by both sides, the marriage between the petitioner and the defacto complainant has been performed on 15.11.2007 and due to lawful wedlock, they gave birth to two children and she left the matrimonial home on February 2011 and the case of the prosecution is that the petitioner is having illicit intimacy with one Silambarasi and demanded money and even though the money has been paid, she was driven out from the matrimonial home and A2 to A4 were already arrested and enlarged on bail, I am inclined to grant anticipatory bail to the petitioner with certain conditions. https://hcservices.ecourts.gov.in/hcservices/ 5.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.II, Dindigul, and 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 appear before the concerned court daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6.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, anticipatory bail petition stands dismissed. sd/- 20/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.II, DINDIGUL. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DINDIGUL 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC TO M/S.P.SEPANA @ SREE ADVOCATE SR.NO.32158. ORDER IN CRL OP(MD) No.12503 of 2011 Date :20/09/2011 2P/6C RPB 22.09.2011 https://hcservices.ecourts.gov.in/hcservices/