Y.V.Purushothaman vs Tmt.Malarvizhi
2024 Latest Caselaw 8135 Mad

Citation : 2024 Latest Caselaw 8135 Mad
Judgement Date : 24 May, 2024

Madras High Court

Y.V.Purushothaman vs Tmt.Malarvizhi on 24 May, 2024

Author: C.Saravanan

Bench: C.Saravanan

                                                                                Crl.O.P.No.11902 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 24.05.2024

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE C.SARAVANAN
                                                 Crl.O.P.No.11902 of 2024
                Y.V.Purushothaman                                                      ... Petitioner
                                                            Vs.

                Tmt.Malarvizhi                                                       ... Respondent


                PRAYER: Criminal Original Petitiion filed under Section 482 Cr.P.C. To set
                aside the order dated 04.03.2024 made in Crl.M.P.No.16400 of 2022 on the file
                of the ld. XXIII Metropolitan Magistrate, Saidapet, Chennai and release the
                petitioner forthwith.

                                         For Appellant : Mr.P.Krishnan
                                         For Respondent : Ms.Mishell



                                                       JUDGMENT

The petitioner has filed this Criminal Original Petition against the

order passed by the XXIII Metropolitan Magistrate, Saidapeet, Chennai in

Crl.M.P.No.16400 of 2022 on 04.03.2024.

https://www.mhc.tn.gov.in/judis

2. Prima facie, there is a matrimonial dispute between the petitioner and

his estranged wife/respondent. According to the impugned order, the petitioner

has not paid the maintenance to the respondent for the period between

20.01.2017 and 19.01.2018 and therefore, the petitioner was convicted and

sentenced to undergo six months imprisonment for non-payment of

maintenance and remanded to judicial custody on 04.03.2024.

3.According to the learned counsel for the respondent, the petitioner is in

arrears of Rs.12,10,000/- as on date.

4.Considering the fact that there is a matrimonial dispute between the

parties, I direct the parties, who are in their advanced age to appear before the

Mediation Centre annexed to the Madras High Court on 10.06.2024 at 3.30

p.m., The Mediation Centre is directed to appoint a reputed senior mediator to

resolve the dipute between the petitioner and the respondent.

5.Further, considering the facts and circumstances, this Court is inclined

to grant bail the petitioner subject to the petitioner complying with the following

conditions.

https://www.mhc.tn.gov.in/judis

6. Accordingly, the petitioner is ordered to be released on bail on his

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 XXIII

Metropolitan Magistrate, Saidapet and on further conditions that:-

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the trial Court daily at 10.30 a.m until further orders.

[c] the petitioner shall not abscond either during investigation or trial. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].