BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10679 of 2011 1 SELVA KUMAR 2 DEVAIKI 3 KRISHNAN 4 SELVI ... PETITIONERS/ ACCUSED NOS.1 TO 4 Vs THE STATE REP BY THE INSPECTOR OF POLICE FORT ALL WOMEN POLICE STATION TRICHY DISTRICT CR.NO.27/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. V.NATARAJAN 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/Accused Nos.1 to 4 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 352 and 506(ii) of IPC and Section 4 of Women Harassment Act in Crime No.27 of 2011 on the file of the respondent police and hence , seek anticipatory bail. 2.The learned counsel for the petitioners would submit that the petitioners were charged under Sections 294(b), 323, 352, and 506(ii) of IPC and Section 4 of Women Harassment Act and the first petitioner is the husband and the second petitioner is the mother of the first petitioner and the third petitioner is the brother-in-law of the defacto complainant and the fourth petitioner is the wife of the third petitioner. He further submitted that a false case has been foisted against them under Section 294(b) , 323, 352 and 506(ii) of IPC and Section 4 of Women Harassment Act. He further submitted that the defacto complainant has given a complaint stating that the alleged occurrence has been taken place on 21.3.2008 and the complaint has been given on 5.8.2011. He further submitted that compromise deed has been entered and he received one time settlement of Rs.1,00,000/- and the defacto complainant left the matrimonial home in the year 2008 itself. Now the divorce petition is also pending. Now they apprehend for arrest and come forward with this application and he prays for enlargement on anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 3.Refuting the same, the learned Additional Public Prosecutor would submit that A1 is having illicit intimacy with A4 and harassed the defacto complainant under the drunken mood and A2 slapped on the cheek of the defacto complainant and A3 kicked the defacto complainant and A4 pulled the hair of the defacto complainant and demanded 5 sovereigns of gold and Rs.40,000/- and investigation is going on and he hence, prays for dismissal of this application. 4.COnsidering the rival submissions of both sides, the alleged occurrence has been taken place on 21.3.2008 and complaint has been given on 5.8.2008 and while perusing the document, it could be seen that the divorce petition has been pending and there was compromise between both the parties, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordinlgy, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Trichy and each of them 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. 6.The petitioners 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/- 08/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE NO.1 ,TRICHY 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3.THEA DDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE FORT ALL WOMEN POLICE STATION, TRICHY DISTRICT +1. CC to M/S. V.NATARAJAN Advocate SR.No.30485 rl/6c – 13.9.2011 ORDER IN CRL OP(MD) No.10679 of 2011 Date :08/09/2011 https://hcservices.ecourts.gov.in/hcservices/