Muthuvelbabu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) Nos.16193 & 16438 of 2015 1 MUTHUVELBABU 2 RAMAKRISHNAN 3 R. VASUKI ... PETITIONERS/ACCUSED RANK NOT KNOWN IN CRL.OP(MD).No.16193/2015 1 ANGAYARKANI 2 RAHESHWARI ... PETITIONERS/ACCUSED RANK NOT KNOWN IN CRL.OP(MD).No.16438/2015 Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI (SOUTH),MADURAI CITY.
(CR.NO. NOT KNOWN OF 2015) ... RESPONDENT/COMPLAINANT IN BOTH PETITIONS M.MUTHUKUMARI ... INTERVENOR For Petitioner : M/S.M.SOLAISAMY Advocate For Respondent : MRS.S.PRABHA Govt. Advocate ( Crl. Side) For Intervenor : MR.M.NATARAJAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A) and 406 of I.P.C., in Crime No.25 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2.According to the de-facto complainant, the first accused married her on 22.08.2010 and form the date of marriage, all the accused harassed the de-facto complainant demanding additional dowry and it is further submitted that when the de-facto complainant was in Chennai, the first accused without her knowledge has taken the child of 2 1⁄2 years to Madurai.
3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case and it is further submitted that the first accused has filed H.M.O.P.No.661 of 2015 before the Family Court, Madurai against the de-facto complainant seeking divorce and the de-facto complainant has filed two I.As in I.A.No.582 of 2015 interim maintenance and another I.A.No.583 of 2015 seeking custody of the child.
4.The learned counsel for the intervenor vehemently opposed the bail petition contending that the first accused has not allowed the de-facto complainant to go for an employment and from the date of marriage, she was physically and mentally harassed by the first accused, at the instigation of A2 and A3 and on one occasion, A2 has also assaulted the de-facto complainant.
5.Heard the learned Government Advocate (Crl.side) appearing for the State.
6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the Additional Mahila Cout (Judicial Magistrate Level), Madurai and 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 first petitioner in Crl.O.P.(MD).No.16193 of 2015 shall appear before the respondent police on Saturdays and Sundays at 10.00 a.m., until further orders and the second petitioner in Crl.O.P.(MD).No.16193 of 2015 shall appear before the respondent police daily at 10.00 a.m, until further orders and the third petitioner in Crl.O.P.(MD).No.16193 of 2015 and the petitioners in Crl.O.P.(MD).No.16438 of 2015 shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
8. 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/- 15/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE ADDITIONAL MAHILA COURT (JUDICIAL MAGISTRATE LEVEL)MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI(SOUTH), MADURAI CITY 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.SOLAISAMY Advocate SR.No.61776 +1cc to Mr.M.Natarajan,Advocate Sr.No.
61298 ns AA/GSV/SAR-I/26.10.2015/3p-7c
ORDER
IN CRL OP(MD) No.16193 & 16438 of 2015 Date :15/10/2015