Esakki Muthu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10888 of 2015 1 ESAKKI MUTHU 2 MUTHAMMAL 3 CHITHRA 4 MADHAVI 5 BHARATHI ... PETITIONERS/ACCUSED No.1 TO 5 Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT, CRIME NO.20 OF 2015. RESPONDENT/COMPLAINANT For Petitioner : M/S.R.ANAND Advocate For Respondent : MR.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, in Crime No.
20 of 2015 on the file of the respondent police apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 494 and 506(i) IPC and hence, seek anticipatory bail. 2.According to the defacto complainant, the marriage between the first petitioner and the defacto complainant was solemnized on 03.06.2007 and through the lawful wedlock, a female child was born and thereafter the first accused had developed illicit intimacy with the sixth accused and he also married her. It is further alleged that all the accused joined together and harassed her demanding more dowry. 3.
The learned counsel for the petitioners submitted that marriage had taken place in the year 2007 and in the year 2011 she left the matrimonial home and also filed a case in the year 2013 for restitution of conjugal rights and after lapse of two years, the present complaint is filed alleging dowry harassment. It is further submitted that A2 is the mother of A1 and A3 to A5 are sisters of the first accused and the sixth accused was granted anticipatory bail by the Court of Sessions.
4.The learned Government Advocate(Crl.side) appearing for the State opposed this anticipatory bail petition contending that the first accused had married the sixth accused and thereafter harassed the defacto complainant.
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5. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioners on anticipatory bail. 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, Thoothukudi, and on each of them executing a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two common sureties for a like sum to the satisfaction to the learned Magistrate concerned and on further condition that the petitioners 2 to 5 shall appear before the respondent police as and when required and the first petitioner shall appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, 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/- 09/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I, TUTICORIN.
2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT.
3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.R.ANAND Advocate SR.No.37948
ORDER
IN CRL OP(MD) No.10888 of 2015 Date :09/07/2015 PA/PRV/13.07.2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/