Madras High CourtCRL OP(MD)/11156/2015allowed

Johnson Durai v. The Inspector Of Police

2015-06-19Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Nineteenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11156 of 2015 JOHNSON DURAI ... PETITIONER/ ACCUSED No.4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NANGUNERI, TIRUNELVELI DIST.

(CRIME NO. 17 OF 2014) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.ALLWIN ASIR JEBARAJ 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 petitioner, who apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 498(A),406,494, 294(b) of IPC and Section 4 of Dowry Prohibition Act, in Crime No.17 of 2014, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl. side) appearing for the respondent.

3. The case of the prosecution is that due to matrimonial dispute the petitioner is alleged to have demanded dowry from the de facto complainant.

4. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. He further submitted that co-accused were already granted anticipatory bail.

5. Considering the facts and circumstances of the case and also considering the fact that co-accused has already released on bail, I am inclined to grant grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Nangunerti 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 as and when required https://hcservices.ecourts.gov.in/hcservices/

for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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/- 19/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NANGUNERI, TIRUNELVELI DISTRICT. +1. CC to M/S.A.ALLWIN ASIR JEBARAJ Advocate SR.No.32088. TS/22.06.2015/2P -6C ORDERIN CRL OP(MD) No.11156 of 2015 Date :19/06/2015 https://hcservices.ecourts.gov.in/hcservices/