Dinakaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10384 of 2015 DINAKARAN ... PETITIONER/ACCUSED No.1 Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DIST.

(CRIME NO. 12/2014) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.R.KANNAPPAN Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as first accused in Crime No.12 of 2015 on the file of the respondent police apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A) IPC r/w Section 4 of Dowry Prohibition Act and hence, seeks anticipatory bail.

2. According to the defacto complaiannt, the accused have demanded 10 sovereigns of gold jewels and Rs.10 lakhs as additional dowry and harassed her.

3.The learned counsel for the petitioner submitted that the petitioner has not married the defacto complainant and there is no iota of evidence for solemnization of marriage. It is further submitted that the accused 2 to 7 were already granted anticipatory bail by the Sessions Court in Crl.M.P.No.1553 of 2014.

4.The learned counsel further submitted that as per the direction of this Court, the petitioner has appeared before Mediation twice and explained the position that there was no marriage and therefore, mediation also failed.

5.

Heard the learned Government Advocate (Crl.Side) appearing for the State.

6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Paramakudi, Ramanathapuram District, and on 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 petitioner shall appear before the respondent police daily at 10.00 a.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

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7. The petitioner 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/- 21/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI,RAMANATHAPURAM DISTRICT.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DIST.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.R.KANNAPPAN Advocate SR.No.39899

ORDER

IN CRL OP(MD) No.10384 of 2015 Date :21/07/2015 PA/PRV/22.07.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/