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Madras High CourtCRL OP(MD)/5043/2018granted

P.Sivakumar v. The Inspector Of Police

2018-04-03Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5043 of 2018 1 P.SIVAKUMAR 2 P.PETCHI AMMAL 3 P.KARUPPASAMY 4 MALLIGA ... PETITIONERS/ ACCUSED RANK NOT KNOWN Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT (CRIME NO. NOT KNOWN OF 2018) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.B.CHARMURUGAN Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused with rank not known apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b),498 of IPC and Section 4 of Women Harassment Act in Crime No.Not known of 2018, on the file of the respondent police, seek anticipatory bail. 2.There was a matrimonial dispute between the first petitioner and the defacto complainant. The defacto complainant namely, T.Anbuselvi, W/o Sivakumar/first petitioner herein lodged a complaint before the respondent police stating that the husband/first petitioner along with other accused harassed the defacto complainant, demanding more dowry and scolded the defacto complainant by using filthy language and threatened her.

Therefore, the defacto complainant lodged a complaint and the respondent police registered a case in Crime No. Not known of 2018, on the file of the Inspector of Police, All Women Police Station, Aruppukottai, Virudhunagar District.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any of the offences as alleged by the prosecution. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl.side) appearing for the State submitted that the enquiry is still pending. 5.Considering the circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, 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, Aruppukottai and on their 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 petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 03/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, ARUPPUKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.B.CHARMURUGAN Advocate SR.No.5330 TSG GJM/PN/SAR-3-9.4.18-2P-6C

ORDER

IN CRL OP(MD) No.5043 of 2018 Date :03/04/2018 https://hcservices.ecourts.gov.in/hcservices/