Gopalakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12685 of 2015 1 GOPALAKRISHNAN 2 RAVICHANDRAN 3 SELVI, ... PETITIONERS / A1 TO A3 Vs THE STATE REP BY THE INSPECTOR OF POLICE AL WOMEN POLICE STATION, THIRUVERAMBUR, TRICHY DISTRICT. (CRIME NO.9 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.M.KARUNAKARAN 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 A1 to A3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b) and 498(A) of IPC and section 4 of Dowry Prohibition Act, in Crime No.9 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 is the wife of the first petitioner/A1 and the petitioners 2 and 3/A2 and A3 are in-laws of the de-facto complainant and all of them harassed the defacto complainant by demanding more dowry. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The learned counsel further submitted that earlier this matter was referred to mediation centre, but the de-facto complainant dud not turn up to appear before the mediator. It is further submitted that the 1st petitioner has filed a petition in HMOP No.94 of 2015 on the file of the Sub Court, Trichy for restitution of conjugal rights and the de-facto complainant has also filed M.C No.3 of 2015 on the file of the Judicial Magistrate, Theni and both the petitions are pending for adjudication.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the accused harassed the de-facto complainant by demanding more dowry.

5.Considering the facts and circumstances of the case, 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 arrest or on their appearance before the learned Judicial Magistrate No.VI, Tiruchirapalli and on each of them 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 1st petitioner shall appear before the respondent police daily at 10.00 a.m until furthers and the petitioners 2 and shall appear before the respondent police as and when required for interrogation. 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 ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 29/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.VI,TIRUCHIRAPALLI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE,TRICHY 3 THE INSPECTOR OF POLICE AL WOMEN POLICE STATION, THIRUVERAMBUR, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.M.KARUNAKARAN Advocate SR.No.42476 Sm:KBM:SAR-I:3.08.2015:2P/6C

ORDER

IN CRL OP(MD) No.12685 of 2015 Date :29/07/2015 https://hcservices.ecourts.gov.in/hcservices/