Madras High CourtCRL OP(MD)/1350/2018allowed

C. Pradeep Kumar v. The Inspector Of Police

2018-04-09Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.1350 of 2018 1 C.PRADEEP KUMAR 2 SHANTHI 3 C.PREM KUMAR 4 C.RAMKUMAR 5 C.PRAVEEN KUMAR ... PETITIONERS/ACCUSED No.1 to 5 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAGERCOIL,KANYAKUMARI DISTRICT.

IN CR.NO.31/2017 ... RESPONDENT/COMPLAINANT MARIA USHA ... PETITIONER/THIRD PARTY & DEFACTO COMPLAINANT (IN CRL MP(MD)No.721/2018 For Petitioners : M/S.JAYARUTHIRAN FOR P.MANOHARAN, Advocate For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) For Intervenor : M/S.N.PRAGALATHAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/ accused Nos.1 to 5 apprehend arrest at the hands of the the Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District for the offences punishable under Sections 498A, 406 of IPC & 294(b), 323 and 506(i) of IPC and 3, 4 and 6 of Dowry Prohibition Act in Crime No.31 of 2017 and seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl Side) appearing for the respondent.

https://hcservices.ecourts.gov.in/hcservices/ 3.The first petitioner is the husband, while the others are the in-laws. This Court heard the learned counsel appearing for the

defacto complainant also. Since the child has been born without prejudice to the other rights of the parties, the learned counsel appearing for the petitioners is undertaking that the husband/first petitioner herein shall begin to pay a sum of Rs.5000/- per month to the defacto complainant from 01.05.2018.

4.Recording this undertaking, this court is inclined to grant Anticipatory Bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Vallioor and on their 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 petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 09/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.PRABHAKARAN, Advocate SR.No.5702 +1. CC to M/S.N.PRAGALATHAN, Advocate SR.No.5744

ORDER

IN CRL OP(MD) No.1350 of 2018 Date :09/04/2018 PK/KAK-PN/SAR-2/16.04.2018 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/