K. Mahendran v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12459 of 2015 1 K. MAHENDRAN 2 THANGAVEL 3 MUTHU @ MUTHUSAMY 4 KRISHNASWAMY 5 K. INDRANI ... PETITIONER(S) / ACCUSED 1 - 5 Vs STATE REP BY:: THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI DT, CRIME NO.30/2015 ... RESPONDENT(S) / COMPLAINANT For Petitioner : M/S.I.SABEER MOHAMED Advocate For Respondent : M/s.S.PRABHA, Government 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.30 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), 406 and 506(i) IPC and hence, seek anticipatory bail.
2.According to the defacto complainant, the accused have demanded dowry and harassed her.
3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. The learned counsel further submitted that the defacto complainant had already filed H.M.O.P.No.475 of 2015 before the Family Court, Madurai against the first petitioner seeking divorce and the case is posted on 20.07.2015. It is further submitted that the first petitioner and the defacto complainant had already appeared before the Mediation Centre and the defacto complainant has made an endorsement to the effect that she is not ready to live with the first petitioner.
4.Heard the learned Government Advocate(Crl.side) appearing for the State.
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 https://hcservices.ecourts.gov.in/hcservices/
the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Madurai, and on each of them executing a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum to the satisfaction to the learned Magistrate concerned and on further condition that 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 for interrogation and the petitioners 2 to 5 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.
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/- 06/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI DT, +1. CC to M/S.I.SABEER MOHAMED Advocate SR.No.36835 DM 8 7 15 ORDER IN CRL OP(MD) No.12459 of 2015 Date :06/07/2015 2P; 6C https://hcservices.ecourts.gov.in/hcservices/