1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty First day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.13793 of 2011 S.ILAYARAJA ... PETITIONER/ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARAIKUDI IN CR.NO.6 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.SUBAHARAN Advocate For Respondent : MRS.PRABAH, Govt.Advocate( Crl. Side) For Intervenor : MR.N.RAVISHANKAR VALLATHARASU, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.ORDER : The Court Made the following order :- Apprehending arrest, at the hands of the respondent police, the petitioner, who is the accused No.1 in Crime No.6 of 2011 on the file of the respondent police for the alleged offence punishable under Sections 498(A), 323, 506(i) and 406 of I.P.C. and Section 4 of Dowry Prohibition Act, has come forward with this petition seeking anticipatory bail. 2. According to the case of the prosecution, the marriage between the daughter of the de facto complainant and the petitioner was celebrated in the year 2009. They got a male child also. On the crucial date of occurrence, it is alleged that the petitioner came along with the one Inspector of police to the house of the defacto complainant and attempted to attack and criminally intimated him. The present case has been registered on the basis of that occurrence. 3. The learned counsel for the petitioner would submit that it is a matter of fact because the petitioner's wife has withdrawn from the matrimonial life. Then the petitioner has issued a legal notice and also filed a petition for restitution of conjugal rights on the file of the Sub-Court, Sivagangai. The wife of the petitioner has in turn issued legal notice seeking divorce. But she has not filed any petition for divorce. This matter is pending examination before the civil Court. The learned counsel for the petitioner further submitted that whileso, the present complaint has been preferred. 4. The learned counsel for the de facto complainant/Intervenor would submit that there are serious allegations made against the petitioner in the complaint. In the complaint, it is mentioned that the accused came to the house of the de facto complainant with one Inspector of Police and attempted to attack him. He would further submit that since the petitioner is the husband, he does not reserve the benefit of anticipatory bail. 5. The learned Government Advocate(Crl.Side) Mrs.Prabha, would oppose that grant of anticipatory bail. According to her, since the https://hcservices.ecourts.gov.in/hcservices/ 2 investigation is pending, grant of anticipatory bail will hamper the further investigation. 6. I have considered the above submissions. A perusal of the record would go to show that on an earlier occasion, Crl.OP.No.5333 of 2011 was filed by the petitioner and the same was dismissed as not pressed. This is a second petition filed by the petitioner. There is no controversy before this Court as of now stating that the petitioner has filed a petition for restitution of conjugal rights and the same is pending on the file of the Sub-Court, Sivagangai and the respondent has issued a legal notice for divorce on the ground of cruelty. Now the dispute is under examination before the civil Court. It is thereafter the present complaint has been given. In these circumstances, I find prima facie materials for grant of anticipatory bail to the petitioner. 7. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate, Karaikudi, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the respondent police every at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C.scrupulously. sd/- 21/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE,KARAIKUDI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION,KARAIKUDI. 4 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1CC TO MR.SUBAHARAN, ADVOCATE SR.NO.36753 ORDER IN CRL OP(MD) No.13793 of 2011 Date :21/10/2011 PA/28.10.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/