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Madras High CourtCRL OP(MD)/1361/2022allowed

T. Vinukumar v. The Inspector Of Police

2022-01-27Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2022 PRESENT The Hon'ble Mrs.Justice R.THARANI

1. T.VINUKUMAR

2. SELVI ... PETITIONERS/ACCUSED 1&2 VS THE STATE REP.BY, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ALANKULAM, TENKASI DISTRICT.

(CRIME NO. 4/2022).

... RESPONDENT/COMPLAINANT For Petitioners : M/s.P.Subbiah, Advocate.

For Respondent : Mr.Vaikkam Karunanithi, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No. 4 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners / Accused Nos.1 and 2 apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 498(A), 406 and 506(i)I.P.C., on the file of the respondent police, seek anticipatory bail.

2. The case against the petitioners is that the petitioners tortured the defacto complainant and drove her away from the matrimonial home and they demanded dowry. A case in Crime No.4 of 2022 was registered against the petitioners under Sections 294(b), 498(A), 406 and 506(i)I.P.C. The petitioners filed this petition for anticipatory bail.

3. On the side of the petitioners, it is stated that the defacto complainant used to pick up quarrel with her husband, who is the first petitioner herein, even from the second day of the marriage. She was acting in differently on the 13th day of the 1/3

marriage. She left the matrimonial home with her belongings and she filed a false complaint in the month of October - 2021 and again, in the month of December-2021, instead of referring the matter for enquiry by the Social Welfare Officer, the police has registered a F.I.R, during the pendency of the Crl.O.P.(MD)No.861 of 2022 filed by the first petitioner, seeking not to harass the petitioners and prayed the petitioners to be released on anticipatory bail.

4. On the side of the prosecution, it is stated that the first accused is the husband and the second accused is the mother-in-law of the defacto complainant. The marriage between the first petitioner and the defacto complainant was solemnized on 13.06.2021 The jewels of the defacto complainant were in the custody of the petitioners. The petitioners abused the defacto complainant in filthy language and demanded dowry and harassed her and also threatened her with dire consequences and prayed the petition to be dismissed.

5. Considering the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Tenkasi, 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 learned Magistrate concerned and the petitioners shall appear before the concerned Court, daily at 10.30 a.m. until further orders. The petitioners shall comply with the conditions 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 shall stand dismissed.

sd/- 27/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO

1. THE JUDICIAL MAGISTRATE, TENKASI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ALANKULAM, TENKASI DISTRICT.

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

+1 CC to M/s.P.SUBBIAH, Advocate ( SR-485[I] dated 31/01/2022 )

ORDER

IN CRL OP(MD) No.1361 of 2022 Date :27/01/2022 USK/PN/SAR-III/04.02.2022/3P/6C 3/3