Gopalakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.4081 of 2018 1 GOPALAKRISHNAN 2 PADMAVATHI 3 BALASUBRAMANIAN 4 RAJESWARI 5 VIJAYALAKSHMI ... PETITIONERS/RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT.

IN CR. NO. 47/2013 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.S.KRISHNAN Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Government 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, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 406 of IPC and Section 4 of Dowry Prohibition Act and r/w Section 4 of Women Harassment Act in Crime No.47 of 2013, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the third petitioner is the husband of the defacto complainant and the other petitioners are in-laws of the defacto complainant. As the defacto complainant was driven out of the matrimonial home, she claimed her jewels and articles kept in the matrimonial home, but the petitioners harassed the defacto complainant and refused to hand over the jewels and articles and she has lodged the complaint. Therefore, the respondent police registered a case in Crime No.47 of 2018 on the file of All Women Police Station, Ambasamudram, Tirunelveli District.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not

committed any of the offences as alleged by the prosecution. In any event, investigation is over and final report has been filed in C.C.No.14 of 2018.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that the investigation is still pending. 5.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 arrest or on their appearance before the learned District Munsif cum Judicial Magistrate, Ambasamudram, Tirunelveli District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the Court concerned regularly on the hearing dates or seek condonation of their absence. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 02/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, AMBASAMUDRAM, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.S.KRISHNAN Advocate SR.No.5291 GJM/RR/SAR-I-4.4.18-3P-6C

ORDER

IN CRL OP(MD) No.4081 of 2018 Date :02/04/2018 https://hcservices.ecourts.gov.in/hcservices/