Sabari Gopinath 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.11678 of 2015 SABARI GOPINATH ... PETITIONER/ACCUSED No.1 Vs STATE REP. BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NILAKKOTTAI, DINDIGUL DT, CRIME NO.11/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.RAMESHKUMAR 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 petitioner, who is arrayed as A-1 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 294(b), 323, 506(ii) of I.P.C., and Section 4 of TNPWH Act in Crime No.11 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The defacto complainant has alleged that the petitioner and the other accused have demanded dowry of Rs.2,00,000/- and also developed wordy altercation with her often.

3. The learned counsel for the petitioner submitted that the marriage between the first accused and the defacto complainant was solemnized on 13.07.2014 and immediately, she revealed that she had love affair with another man before marriage and she married the first accused due to the compulsion of her parents. Further, due to misunderstanding, they are living apart, a false complaint is given implicating all the family members of the husband. It is further submitted that the accused Nos.2, 3 and 4 were granted anticipatory bail by the Court of Sessions, Dindigul.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate(Crl.Side) submitted that the matter was referred for mediation and both the parties appeared before the Mediation and Conciliation Centre, but the dispute could not be settled.

5.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, Nilakottai 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., for a period of two weeks and thereafter as and when required 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/- 21/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE,NILAKKOTTAI.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NILAKKOTTAI, DINDIGUL DT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.RAMESHKUMAR Advocate SR.No.39935

ORDER

IN CRL OP(MD) No.11678 of 2015 Date :21/07/2015 PA/SJW/23.07.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/