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Madras High CourtCRL OP(MD)/13464/2015allowed

T.S.Vetrivelan v. The Inspector Of Police

2015-09-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13464 of 2015 1 T.S.VETRIVELAN 2 T.SIVASUBRAMANIAN ... PETITIONERS/ACCUSED NOS.1 AND 2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KANYAKUMARI, KANYAKUMARI DISTRICT (CRIME NO. 23 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.T.LAJAPATHI ROY Advocate For Respondent : M/S.S.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 A1 and A2 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 498(A), 406, 420 of IPC and sections 3 and 4 of Dowry Prohibition Act, 1961, in Crime No.23 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that the accused harassed the de-facto complainant by demanding additional dowry of Rs.2,00,000/- and also withheld 46 sovereigns of gold jewels of the de-facto complainant.

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 the 1st petitioner is the husband and the 2nd petitioner is the father-in-law of the de-facto complainant and that earlier the matter was referred to the Mediation and Conciliation Centre, attached to this Bench for settlement and in the mediation both parties were appeared, but the de-facto complainant has demanded Rs.8,00,000/- as final settlement, which could not be paid by A1.

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4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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.III, Nagercoil 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 first petitioner shall appear before the respondent police daily at 10.30 a.m until further orders and the second petitioner 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/- 21/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.III, NAGERCOIL 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOOIL 3.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KANYAKUMARI, KANYAKUMARI DISTRICT 4.THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.LAJAPATHI ROY Advocate SR.No.55749 RL/6C - 23/9/2015

ORDER

IN CRL OP(MD) No.13464 of 2015 Date :21/09/2015 https://hcservices.ecourts.gov.in/hcservices/