Anbalagan, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15170 of 2015 1 ANBALAGAN, 2 DHARMARAJ, 3 RADHA, 4 KRISHNAVENI, 5 CHINNAN ... PETITIONERS / ACCUSED No.1to5 Vs State Rep.by THE INSPECTOR OF POLICE, ALL WOMEN P.S., NILAKOTTAI, DINDIGUL DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SANKAR Advocate For Respondent : Mrs.S.Prabha, Govt. 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 to 5, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 355, 323 and 506(i) of I.P.C., and Section 4 of TNPHW Act in Crime No.14 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2. According to the de-facto complainant, the first accused had fallen in love with her and had physical relationship with her promising to marry her. Since he refused to marry the de-facto complainant, on 20.06.2015, she preferred a complaint and on the same day, at the intervention of the elders, the first accused married the de-facto complainant in Durgai Amman Temple at Nilakottai and thereafter, on 05.07.2015, all the accused have threatened the de-facto complainant and also abused her in filthy language.
3. The learned counsel for the petitioners submitted that this is a case of one side love and the first accused have never married the defacto complainant and the de-facto complainant has taken the photo of the first accused and spreading false news with her friends and therefore, the first accused preferred a complaint against the de-facto complainant on 25.06.2015 and also filed Crl.O.P.No.13062 of 2015 before this Court to register a case against the de-facto complainant which was allowed on 14.07.2015.
4. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been unnecessarily roped in this case.
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5. The learned Government Advocate (Crl.side) submitted that the defacto complainant is aged about 20 years and the first accused had married the de-facto complainant on 05.07.2015, after she lodged a complaint with the police on 20.06.2015 and thereafter, all the accused have abused her in filthy language and no one has sustained injuries.
6. 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 their arrest or on their appearance before the learned Judicial Magistrate, Nilakotai and on their executing 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 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 other petitioners 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.
7. 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/- 10/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,NILAKOTTAI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE,DINDUGAL DIST 3 THE INSPECTOR OF POLICE, ALL WOMEN P.S., NILAKOTTAI, DINDIGUL DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.SANKAR Advocate SR.No.45508 Sm:IV:SAR I:12.08.2015:1P/6C
ORDER
IN CRL OP(MD) No.15170 of 2015 Date :10/08/2015 https://hcservices.ecourts.gov.in/hcservices/