Sri Kamalakannan 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.5008 of 2018 SHRIKAMALAKANNAN ... PETITIONER/ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT, CRIME NO. 3/2018 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M. JOTHI BASU Advocate For Respondent : Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.

1, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 494, 406 IPC r/w Section 4 of Dowry Prohibition Act and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002 in Crime No.03 of 2018 on the file of the respondent police, seeks anticipatory bail. 2.The petitioner/A1 herein and his parents have demanded dowry from the defacto complainant and the first accused has performed second marriage with the fifth accused while subsisting the first marriage held between him and the defacto complainant. It is also alleged that the accused 1 and 2 have inflicted cruelty upon the defacto complainant demanding more dowry. Therefore, the defacto complainant has lodged a complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has no previous case and the other accused namely A2 to 4 and A7 were granted anticipatory bail. Therefore, he wants this Court to take a sympathetic view in favour of the petitioner herein.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl.side) appearing for the

respondent submitted that there was no previous case pending against the petitioner.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court No.II, Srivilliputtur and on his 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 petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. The petitioner 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 stands dismissed.

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

TO 1 THE JUDICIAL MAGISTRATE NO.II,SRIVILLIPUTHUR. 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M. JOTHI BASU Advocate SR.No.5268 SKN CSL/PMI/SAR-IV/06.04.2018 :2P/6C

ORDER

IN CRL OP(MD) No.5008 of 2018 Date :02/04/2018 https://hcservices.ecourts.gov.in/hcservices/