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Madras High CourtCRL OP/4497/2016granted

D.Madan v. The Inspector Of Police

2016-03-17Honourable Mr Justice K. Kalyanasundaram3 pages

Crl.O.P.No. 4 4 9 7 of 2 0 1 6 K. KALYANA S U NDARAM, J.

The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A) of IPC and Section 6(2) of Dowry Prohibition Act, in Crime No.2 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner had married the defacto complainant in the year 2008 and thereafter the petitioners have harassed the defacto complainant demanding additional dowry. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case and they have not committed any such offence as alleged by the prosecution. He further submitted that by virtue of the matrimonial dispute, the defacto complainant has preferred the complainant to the Inspector of Police, All Women Police Station, Willivakkam Police Station. Therefore, the petitioners filed a petition in Crl.O.P.No.24972 of 2015 seeking anticipatory bail. Now, the present case has been registered based on the second complaint of the defacto complainant. It is further submitted that the Social Welfare Officer conducted an enquiry and found that there is no demand of dowry.

K.KALYANA S U NDARAM, J.

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4. The learned Government Advocate(Crl. Side) submitted that the marriage between the defacto complainant and the first petitioner was solemnized in the year,2008 and subsequently, the accused have harassed the defacto complainant and demanding additional dowry. 5.Considering the above facts and circumstances of the case, this Court is 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, Thiruvottriyur, and on each of them 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 the first petitioner shall appear before the respondent police daily at 10.00 am., until further orders and the petitioners 2 to 4 shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.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, the petition for anticipatory bail stands dismissed. 1 7. 0 3. 2 0 1 6 rrg

Crl.O.P.No. 4 4 9 7 of 2 0 1 6