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Madras High CourtCRL OP(MD)/11615/2015ordered

M.Karthikeyan v. The Inspector Of Police

2015-08-06Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11615 of 2015 1 M.KARTHIKEYAN 2 TMT.M.SUBBULAKSHMI ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE STATE REB.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MELUR, MADURAI. DIST.

(CRIME NO. NOT KNOWN OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.T.K.GOPALAN Advocate For Respondent : MRS.PRABHA, 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 294(b) and 498(A) IPC and Section 4 of Dowry Prohibition Act, in Crime No.79 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the de-facto complainant and the first petitioner/accused are living as husband and wife and on instigating the second petitioner, the first petitioner ill treated and harassed her and demanded more dowry. Hence, a case has been registered against the petitioners.

3. The learned Counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and the petitioners are innocent. He further submits that as per the direction of this Court the petitioners are appeared before the Mediation Centre, however, the de-facto complainant has not appeared before the Mediation on two occasions and hence the mediation could not be conducted.

4. It is submitted by the learned Government Advocate (Crl.side) that the investigation is going on.

5. Considering the submission made by the learned Government Advocate (Crl.side) this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

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6. 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, Melur, and each of them exeucting 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 first petitioner shall appear before the respondent police daily at 10.00 a.m. for period of two weeks and thereafter as and when required and the second petitioner 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.

7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made reay, failing which, the petition for anticipatory bail stands dismissed. sd/- 06/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, MELUR,

2. THE CHIEF JUDICIAL MAGISTRATE, MELUR.

3. THE ADDITIONAL PUBLIC PROSECUTIOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4. THE CHIEF CO-ORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5. THE STATE REB.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT. +1. CC to M/S.T.K.GOPALAN Advocate SR.No.44387

ORDER

IN CRL OP(MD) No.11615 of 2015 Date :06/08/2015 2P/7C https://hcservices.ecourts.gov.in/hcservices/