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Madras High CourtCRL OP(MD)/13876/2015ordered

Duraipandi v. The Inspector Of Police

2015-12-09Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13876 of 2015 1 DURAIPANDI 2 KARUTHAKANNAN 3 INBARAJ 4 PANDISELVI ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, (AWPS), SIVAKASI, VIRUDHUNAGAR DISTRICT, CRIME NO.NOT KNOWN OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.KARUNANIDHI Advocate For Respondent : MR.K.ANBARASAN, 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 Nos.

1,2,4 & 3, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 294(b) and 506(i) of IPC r/w Section 4 of Dowry Prohibition Act, 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 marriage between the defacto complainant and the first petitioner was solemnized on 25.03.2015 and after the marriage, the petitioners demanded dowry and harassed the defacto complainant.

3.The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Earlier the petitioners filed anticipatory bail in Crl.O.P. (MD)No.13132 of 2015 and at that time, the learned Government Advocate (Crl.side) submitted that no petition enquiry is pending against the petitioner. Recording the statement of the learned Government Advocate (Crl.side) that petition was closed. Subsequently, the respondent police called the petitioners for enquiry and now the case has been registered in Cr.No.23 of 2015.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate(Crl.side) submitted that the case

has been registered in Cr.No.23 of 2015 for the alleged offences under Sections 498(A), 294(b) and 506(i) of IPC r/w 4 of Dowry Prohibition Act and the petitioners demanded dowry and tortured the defacto complainant. 5.Considering the facts and circumstances of the case, 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, Sivakasi 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 10.00 a.m., until further orders and the petitioners 2 to 4 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/- 09/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE ,SIVAKASI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SRIVILLIPUTHUR AT VIRUDHUNAGAR DISTRICT.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, (AWPS), SIVAKASI, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.R.KARUNANIDHI Advocate SR.No.70331 AM CSL/GSV-AN/SAR-I/10.12.2015 2P/6C

ORDER

IN CRL OP(MD) No.13876 of 2015 Date :09/12/2015 https://hcservices.ecourts.gov.in/hcservices/