S. Shermin Shankar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.18146 of 2015 1 S. SHERMIN SHANKAR 2 SORNABAI 3 SHERLIE 4 ANUSHA ... PETITIONERS/ACCUSED 1-4 Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MARTHANDAM, KANYAKUMARI DISTRICT.
(CRIME NO.35 /2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.K.VAMANAN 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, who are arrayed as accused Nos.1 to 4, in Crime No.35 of 2015 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 406 of IPC and hence, seek anticipatory bail.
2. The case of the prosecution is that the petitioners harassed the defacto complainant and demanded dowry from her.
3. The case of the petitioners is that the marriage between the first petitioner and the defacto complainant was solemnized on 20.08.2012 and after the marriage, they were living happily at their matrimonial home.
After that, on 19.12.2013, the defacto complainant left the matrimonial home and at that time, she was pregnant and she gave birth to a male child on 25.03.2014 and after the birth of child, she refused to come to the house of the petitioner and gave a false complaint against the petitioners. https://hcservices.ecourts.gov.in/hcservices/
4. It is submitted by the learned counsel for the petitioners that the first petitioner is the husband of the defacto complainant
and the other petitioners are in-laws and that the petitioners are innocent persons and they have not committed any offence and prays for anticipatory bail in favour of the petitioners. 5.Heard the submissions of the learned Government Advocate(Crl. Side).
6.Considering the facts and circumstances of the case and also considering the fact that the matter is pending before Mediation Centre, 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 their appearance before the learned Judicial Magistrate No.I, Kuzhithurai 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 and the petitioners 2 to 4 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.
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/- 16/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO.I,KUZHITHURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MARTHANDAM, KANYAKUMARI DISTRICT.
+1. CC to M/S.K.VAMANAN Advocate SR.No.65942 RL/6C/SK/SKN/SARI/19/11/2015
ORDER
IN CRL OP(MD) No.18146 of 2015 Date :16/11/2015 https://hcservices.ecourts.gov.in/hcservices/