C. Nagarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13397 of 2015 C. NAGARAJAN ... PETITIONER / ACCUSED Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PUDUKKOTTAI, (CRIME NO.8 OF 2015) ... RESPONDENT/ COMPLAINANT FOR PETITIONER : M/S.K.BAALASUNDHARAM ADVOCATE FOR RESPONDENT : GOVT. ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A) and 506(i) IPC in Crime No.8 of 2015 and hence, seeks anticipatory bail.

2. According to the defacto complainant, the first accused married the defacto complainant on 07.12.2012 and the marriage was registered on 11.01.2013. When the marriage was subsisting, the accused have arranged for the second marriage and harassed the defacto complainant by demanding additional dowry. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. It is further submitted that the petitioner has instituted a suit in O.S.No.155 of 2015 for declaration declaring that the marriage certificate is null and void. It is further contended that after the suit is presented, the criminal complaint was given with ulterior motive.

4. However, the learned counsel for the intervenor submitted that it is the case of love marriage and the marriage was solemnized on 07.12.2012 and the same was registered on 11.01.2013 and all the accused have harassed the defacto complainant physically and mentally.

5. Heard the learned Government Advocate (Crl. Side) appearing for the State.

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6. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Pudukkottai, 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 until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7. 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/- 16/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, PUDUKKOTTAI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PUDUKKOTTAI,

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

ORDER

IN CRL OP(MD) No.13397 of 2015 Date :16/10/2015 2P/5C TE/AN/SAR-II : 26/10/2015 https://hcservices.ecourts.gov.in/hcservices/