Madras High CourtCRL OP(MD)/14605/2014disposed of

T.Saravanan v. The Inspector Of Police

2015-01-07Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.14605 of 2014 1 T.SARAVANAN 2 D.THANGARAJ 3 T.GUNASEUNDARI 4 T.DHANALAKSHAMI 5 LOGESHQWARI 6 K.MURUGANANDAM ... PETITIONERS/ACCUSED 1 TO 6 Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THENI DISTRICT.

CR.NO. 18/2014. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.VEERA KATHIRAVAN Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 294(b), 354, 506(i) of IPC., in Crime No.18 of 2014 on the file of the respondent police, seek anticipatory bail.

2. Heard the learned counsel appearing on either side.

3. The case of the prosecution is that A1 got married to the defacto complainant on 31.08.2011 and at the time of marriage, the parents of the defacto complainant gave Rs.50,000/- and 30 sovereigns of gold jewels were given to the 1st petitioner, as dowry.

4. The learned Government Advocate (crl.side) submitted that the petitioners are demanding more and more money from the defacto complainant. The first petitioner got a child through the wedlock.

5. Taking into consideration of the serious allegations made against A1, I am not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed in respect of A1. As regard the petitioners 2 to 6 /A2 to A6 are concerned, they are the relatives of the first accused. The allegations against them are not serious in nature. Therefore, relying upon the Judgment of the https://hcservices.ecourts.gov.in/hcservices/

Hon'ble Supreme Court in Arnesh Kumar Vs.State of Bihar reported in 2014 (8) Scale 250, this Court is inclined to grant Anticipatory Bail to the petitioners 2 to 6/A2 to A6 herein.

6. Accordingly, the petitioners 2 to 6/A2 to A6 are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Theni, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioners shall report before the respondent police, as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. Petition dismissed in respect of A1.

sd/- 07/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,THENI.

2 THE CHIEF JUDICIAL MAGISTRATE,THENI.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THENI DISTRICT.

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

+1cc to Mr.VEERA KATHIRAVAN,Advocate Sr.No. 569 ORDER IN CRL OP(MD) No.14605 of 2014 Date :07/01/2015 AA/09.01.2015/2p- 5c/ https://hcservices.ecourts.gov.in/hcservices/