Soufar Sathik, v. The Inspector Of Police

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.10282 of 2015 1 SOUFAR SATHIK, 2 ARIFA 3 SYED RASHIKA 4 MARIYAM SHAHITHA 5 DHOWLATH ... PETITIONER(S) / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEELAKARAI, RAMANATHAPURAM DISTRICT, CR.NO.7 OF 2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MAHENDRAPATHY 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 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 406 and 506(ii) of I.P.C., and Section 4 of Dowry Prohibition Act in Crime No.7 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the accused had demanded dowry of Rs.1 lakh from the de-facto complainant and also household articles and harassed her.

3. The learned counsel for the petitioners submitted that the marriage between the first accused and the de-facto complainant was solemnised on 23.05.2010 and due to matrimonial dispute, she deserted her husband and thereafter on 23.08.2014, A1 gave Talaq to the de-facto complainant on 27.04.2015. It is further submitted that earlier complaint given by the de-facto complainant was enquired into and closed as 'Mistake of Fact' on 23.05.2015, but the present complaint is registered on the direction issued by the learned Judicial Magistrate under Section 156(3) of Cr.P.C. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.side) submitted that the accused had demanded dowry from the de-facto complainant and harassed her.

5. Considering the facts and 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 their arrest or on their appearance before the learned Judicial Magistrate No.I, Ramanathapuram 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 petitioners 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, RAMANTHAPURAM. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEELAKARAI, RAMANATHAPURAM DISTRICT. +1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.29541. TS/15.06.2015/2P-6C

ORDER

IN CRL OP(MD) No.10282 of 2015 Date :10/06/2015 https://hcservices.ecourts.gov.in/hcservices/