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Madras High CourtCRL OP(MD)/14769/2015allowed

Ponnulingam, v. The Inspector Of Police,

2015-08-03Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14769 of 2015 PONNULINGAM ... PETITIONER / ACCUSED NO.4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DT., (IN CR.NO.2 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.JEYARAJ 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 petitioner who is arrayed as A4, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 498(A), 420 and 506(i) IPC and Section 4 of Dowry Prohibition Act, in Crime No.2 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the accused has demanded additional dowry and also harassed the de-facto complainant.

3. Learned Counsel appearing for the petitioner submits that the the petition for anticipatory bail filed by the first accused in Crl.M.P.No.292 of 2015 before the Sessions Court, Nagercoil, was referred to the Mediation Centre, Nagercoil, and he has also appeared before the Mediation Centre. He further submits that the petitioner is the brother of the first accused and the accused 2 and 3 have already been granted anticipatory bail.

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

5. Considering the submissions made by the learned Government Advocate (Crl.side) and also considering the fact, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

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6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.III, Nagercoil, 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 petitioner shall appear before the respondent police as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner 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/- 03/08/2015 / 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.THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL.

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

4.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DT.

+1. CC to M/S.R.JEYARAJ Advocate SR.No.43454

ORDER

IN CRL OP(MD) No.14769 of 2015 Date :03/08/2015 rg.05/08/2015 2p/6c.

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