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Madras High CourtCRL OP(MD)/16510/2015ordered

Gobi v. The State By Inspe Of Police

2015-08-31Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirty First day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16510 of 2015 GOBI ... PETITIONER / ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION MADURAI TOWN (IN CROME (NO 13 OF 2014) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.VEILKANI RAJU 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 petitioner who arrayed as A1 apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 498(A), 406 of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.13 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. According to the de facto complainant, she married the first accused on 23.11.2012 and thereafter, the accused have demanded dowry and harassed her.

3. The learned counsel for the petitioners submitted that the de facto complainant had lodged a complaint to the respondent in the year 2014, which was registered in CSR.No.276 of 2014 and the petitioner was granted anticipatory bail in Crl.O.P.No.12498 of 2015 and after enquiry, the petition was closed. It is further submitted that petitioner had filed HMOP.No.301 of 2014 before the Family Court, Madurai against the de facto complainant, seeking divorce and in the earlier petition in Crl.O.P (MD).No.23218 of 2014, the petitioner was appeared before the Mediation as per the order of this Court. However, the de facto complainant has not turned up. He further submitted that the petitioner is an innocent and he has been falsely implicated in this case.

4. Heard the learned Government Advocate (Crl. Side).

5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Additional Mahila Court, Madurai, and https://hcservices.ecourts.gov.in/hcservices/

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 Judge concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 am 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 Judge 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/- 31/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL MAHILA COURT, MADURAI, 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION MADURAI TOWN 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.VEILKANI RAJU Advocate SR.No.50201.

ORDER

IN CRL OP(MD) No.16510 of 2015 Date :31/08/2015 2P/5C AM/SK.SKN/SAR-I/01.09.2015.

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