Thavamani v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17775 of 2015 THAVAMANI ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSEPECTOR OF POLICE ALL WOME POLICE STATION, KANYAKUMARI KANYAKUMARI DISTRICT (IN CRIME NO.2 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.JEYARAJ Advocate For Respondent : M/S.S.Prabha Government 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, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 498(A), 420 and 506(i) of I.P.C., and Section 4 of Dowry Prohibition Act Crime No.2 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The prosecution case is that the de-facto complainant married the first accused in the year 2010 and thereafter, all the accused have joined together and harassed the de-facto complainant demanding additional dowry.

3. The accused 2 to 7 have moved an application for anticipatory bail before the Sessions Court, Kanyakumari Division and the matter was referred to Mediation Centre to explore the possibility of settlement. However, the report of the Mediation Centre shows that the dispute was not settled between the parties and the accused were granted anticipatory bail by the Sessions Court in Cr.M.P.No.292 of 2015 dated 07.07.2015.

4. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that due to matrimonial dispute, a false complaint was given roping all the family members of this petitioner in this case.

5. Heard the learned Government Advocate (Crl.side).

6. 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 his arrest or on his appearance before the learned https://hcservices.ecourts.gov.in/hcservices/

Judicial Magistrate No.III, Nagercoil and on his executing a own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner 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/- 05/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.III, NAGERCOIL. 2 THE CHIEF JUDICIAL MAGISTRATE, KANAYKUMARI AT NAGERCOIL. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSEPECTOR OF POLICE, ALL WOME POLICE STATION, KANYAKUMARI, KANYAKUMARI DISTRICT +1. CC to M/S R.JEYARAJ Advocate SR.No. 58926. TS/08.10.2015/2P - 6C AN-MP/SAR -II

ORDER

IN CRL OP(MD) No.17775 of 2015 Date :05/10/2015 https://hcservices.ecourts.gov.in/hcservices/