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Madras High CourtCRL OP(MD)/10245/2015ordered

V.Janaki v. The Inspector Of Police

2015-06-10Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10245 of 2015 1 V.JANAKI 2 VEERANAN 3 SANGEETHA 4 SARANYA ... PETITIONER(S) / ACCUSED 2 to 5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARUR, KARUR DIST.

(CRIME NO. 11 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.MURUGAN Advocate For Respondent : M/S.K.V.RAJARAJAN Govt. 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 Nos.2 to 5 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 3 and 4 of Protection of Child Marriage Restriction Act, 2006 and Section 4 of Women Harassment Act and Sections 420 and 406 of I.P.C., in Crime No.11 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the de-facto complainant, when her daughter was at 17 years old, she was married by the first accused on 01.06.2014 and thereafter, the accused have harassed her.

3. The learned counsel for the petitioners submitted that on the earlier complaint given to the Othakadai Police Station and in a compromise, A1 has married the daughter of the de-facto complainant and they are living separately. It is further submitted that the petitioners, who are family members of the first accused, have been wrongly roped in this case with an ulterior motive.

4. Per contra, the learned Government Advocate (Crl.side) submitted that the petitioners had arranged the marriage of the daughter of the defacto complainant with the first accused on 01.06.2014, when she was 17 years old and thereafter, they demanded dowry and also attacked her. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the nature of allegation, 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 their arrest or on their appearance before the learned Judicial Magistrate No.I, Karur and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the second petitioner shall appear before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter as and when required and the petitioners 1, 3 and 4 shall appear before the respondent police as and when required. 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, the petition for anticipatory bail stands dismissed. sd/- 10/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.I, KARUR.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, KARUR. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARUR, KARUR DISTRICT. +1. CC to M/S.V.MURUGAN Advocate SR.No.29437. TS/15.06.2015/2P-6C

ORDER

IN CRL OP(MD) No.10245 of 2015 Date :10/06/2015 https://hcservices.ecourts.gov.in/hcservices/