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Madras High CourtCRL OP(MD)/15550/2015allowed

Bala @ Balakrishnan v. The Inspector Of Police

2015-08-12Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15550 of 2015 BALA @ BALAKRISHNAN ... PETITIONER/ACCUSED NO 3 VS THE STATE REP BY INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SATTUR, VIRUDHUGAR DISTRICT.

(CRIME NO.16 OF 2015) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S R.MURUGAPPAN ADVOCATE FOR RESPONDENT : MRS.S.PRABHA, GOVERENMENT ADVOCATE (CRL.SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A3 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 506(i) and IPC and Section 4 of Dowry Prohibition Act in Crime No.16 of 2015 and hence, seeks anticipatory bail.

2. According to the defacto complainant, her husband/A1 and brother-in-law/A2 have joined with the third accused and consumed liquor in her matrimonial home and harassed her demanding more dowry and also caused injuries by cigarette.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and due to matrimonial dispute between the first accused and the defacto complainant, the petitioner has tried for re-union and he has been falsely implicated in this case. It is further contended that the petitioner is the third party and he has nothing to do with the demand made by the first accused.

4. Heard the learned Government Advocate appearing for the State.

5. Considering the facts and circumstances, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest https://hcservices.ecourts.gov.in/hcservices/

or on his appearance before the learned Judicial Magistrate No.I, Saththur, Viruthunagar District, and on 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 daily twice at 10.30 a.m and 5.00 p.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. 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/- 12/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, SATHTHUR, VIRUTHUNAGAR DISTRICT.

2. THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SATTUR, VIRUDHUGAR DISTRICT.

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

+1. CC to M/S R.MURUGAPPAN Advocate SR.No. 45801

ORDER

IN CRL OP(MD) No.15550 of 2015 Date :12/08/2015 2P/6C TE/IV/SAR-I 14/08/2015 https://hcservices.ecourts.gov.in/hcservices/