Madras High CourtCRL OP(MD)/2520/2018ordered

Sakthivel v. The Inspector Of Police

2018-03-16Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.2520 of 2018 1 SAKTHIVEL 2 SUBRAMANI 3 SAROJA 4 BHASKAR ... PETITIONERS/ACCUSED Nos.1 to 4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MANAPPARAI, TRICHY DISTRICT.

IN CRIME NO.1/2018 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.J.LAWRANCE, Advocate For Respondent : M/S.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent Police for the offence punishable under Sections 294(b), 323, 498(A), 376 and 506(ii) IPC, in Crime No.1 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the first petitioner herein/A1 and the defacto complainant are husband and wife. The other petitioners herein are in-laws of the defacto complainant. After the marriage, the defacto complainant's husband and his family members have demanded more dowry from the defacto complainant's family, due to which, the petitioners herein abused the defacto complainant by using filthy language and assaulted her. Hence, a case has been registered for the above said offences.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons, they have been falsely implicated in this case. Hence, he prays for anticipatory bail to the petitioners.

https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl.Side) appearing for the State submitted that investigation is still pending. 5.The submissions made by the learned counsel appearing on either side are considered. This Court by an order dated 16.02.2018, granted interim anticipatory bail in favour of the petitioners subject to the condition that the petitioners shall execute the bond for a sum of Rs.25,000/-. Further, at the time of passing order, the issue related to the petition was referred to the Mediation and Conciliation Centre attached to this Bench for amicable settlement.

6. Now, a bare perusal of records would show that the learned Mediator, Tamil Nadu Mediation and Conciliation Centre, Madurai Bench of Madras High Court, sent a letter to this Court, in which, it was stated that both parties have agreed for re-union and the dispute between the petitioners and the defacto complainant are settled. Thereby, the earlier interim anticipatory bail was granted in favour of the petitioners in Crl.O.P(MD).No.2520 of 2018, dated 16.02.2018 is made absolute and the condition already imposed to the petitioners to report before the respondent police daily at 10.30 a.m until further orders, is fully relaxed. Accordingly, the Criminal Original Petition allowed.

sd/- 16/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MANAPPARAI, TRICHY DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO : THE CO-ORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.J.LAWRANCE Advocate SR.No.4265

ORDER

IN CRL OP(MD) No.2520 of 2018 Date :16/03/2018 PK/PN/SAR-1/03.04.2018 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/