Elias v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.16991 of 2015 1 ELIAS 2 MOTCHAMARY 3 ISAN HOWAR ... PETITIONERS/ACCUSED(RANK NOT KNOWN) Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THOOTHUKUDI,THOOTHUKUDI DISTRICT.

(CRIME NO.42 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S A.THIRUVADI KUMAR Advocate For Respondent : M/S.K.ANBARASAN,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 498(A) IPC and Section 4 of Dowry Prohibition Act, 1961 in Crime No.42 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the first petitioner and the defacto complainant got married on 25.11.2010. Thereafter, the petitioners 2 and 3 demanded dowry from the defacto complainant and thereby harassing the defacto complainant.

3.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence and prays for anticipatory bail in favour of the petitioners.

4.It is submitted by the learned Government Advocate (Crl.Side) that the petitioners had demanded Rs.5 lakhs as additional dowry and tortured the petitioner.

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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 his appearance before the learned Judicial Magistrate No.I, Thoothukudi 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 shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioners 2 and 3 shall appear before the respondent police as when required. The petitioners shall comply with the condition 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 made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 19/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADDRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

+1. CC to M/S A.THIRUVADI KUMAR Advocate SR.No.66292 RL/6c/DP/JGB/23/11/2015

ORDER

IN CRL OP(MD) No.16991 of 2015 Date :19/11/2015 https://hcservices.ecourts.gov.in/hcservices/