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Madras High CourtCRL OP(MD)/18097/2015allowed

Shoba v. The Inspector Of Police

2015-09-18Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mrs.Justice S.VIMALA CRL OP(MD)Nos.18097 & 18107 of 2015 SHOBA ..PETITIONER/ACCUSED NO.4 in Crl.OP(MD)No.18097/2015 AROCKIASAMY ..PETITIONER/ACCUSED NO.3 in Crl.OP(MD)No.18107/2015 Vs.

STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ALANGUDI, PUDUKKOTTAI DISTRICT.

(CR.NO. 5/2015 RESPECTIVELY) ..RESPONDENT/COMPLAINANT in both the petitions For Petitioner : M/S D.RAMESHKUMAR Advocate in both the petitions For Respondent : M/s.S.PRABHA, Government Advocate (Crl.Side) in both the petitions PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners in both the petitions, who are arrayed as accused Nos.3 and 4 respectively in Crime No.5 of 2015 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498A and 494 of I.P.C. And Section 4 of Dowry Prohibition Act, and hence, seek anticipatory bail.

2. Heard both sides.

3.The case has been registered on the basis of the complaint preferred by the de-facto complainant/wife of the first accused. 4.These petitioners are the maternal uncle and co-employee of the first accused respectively. The first accused is stated to have filed a petition in IDOP No.28 of 2015 on the file of the Principal District Judge, Pudukottai, claiming divorce as against the de-facto complainant. It is alleged that as a counter blast, the de-facto complainant is stated to have preferred this complaint against these petitioners also on the basis of unfounded allegations. The first accused is stated to have developed illicit intimacy with the petitioner/A4 in Crl.O.P.(MD) No.18097 of 2015. It is also alleged that A3 is stated to be the brain behind A1 in demanding dowry and causing harassment. 5.

Considering the fact that the main allegation is only against A1, this Court is inclined to grant anticipatory bail to these 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 Judicial Magistrate Alangudi 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 petitioners shall appear before the respondent police as and when required, for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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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 stands dismissed. sd/- 18/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, ALANGUDI, PUDUKKOTTAI DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI. 3 THE PRINCIPAL DISTRICT JUDGE, PUDUKOTTAI. 4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ALANGUDI, PUDUKKOTTAI DISTRICT.

5 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. +2. CC to M/S D.RAMESHKUMAR Advocate SR.No.55236 & 55237 ORDER IN CRL OP(MD)Nos.18097 & 18107 of 2015 Date :18/09/2015 PBK/AAL-MPA/SAR-II 23/09/2015 ::2P-8C::

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