Karthick v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19192 of 2015 KARTHICK ... PETITIONER/ ACCUSED No.1 Vs THE STATE REP.BY THE INSEPECTOR OF POLICE ALL WOMEN POLICE STATION, SAMAYANALLUR, MADURAI DISTRICT.

CR. NO.44/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.KALAMURUGAPPAN 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 498(A), 294(b), 506(i) of I.P.C., r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act Crime No.44 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the de-facto complainant that she married the first petitioner/A1 in the year 2013 and she was provided with household articles worth about Rs.50,000/-, a cash of Rs.2 lakhs, a two wheeler and 25 sovereigns of gold at the time of marriage and subsequently, all the accused have harassed the de-facto complainant demanding additional dowry.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and the de-facto complainant has falsely roped all the family members in this case, and that the earlier complaint for the same offence was registered against the accused in Crime No.62 of 2014 which was subsequently closed as settled out of Court.

4. It is further submitted that the petitioner has filed a divorce petition against the de-facto complainant before the Sub Court, Dindigul and an application filed by the de-facto complainant seeking maintenance is also pending before the Judicial Magistrate, Nilakottai.

5. The learned Government Advocate (Crl.side) submitted that the accused 2 to 6 in this case were granted anticipatory bail by the Court of Sessions, Madurai in Crl.M.P.No.6360 of 2015, but they have not complied the conditions.

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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 Judicial Magistrate No.I, Vadipatti, Samayanalur, Madurai District 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 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/- 08/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.I, VADIPATTI. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSEPECTOR OF POLICE, ALL WOMEN POLICE STATION, SAMAYANALLUR, MADURAI DISTRICT.

+1. CC to M/S M.KALAMURUGAPPAN Advocate SR.No.59731. TS/13.10.2015/2P - 6C SK-SKN/SAR -II

ORDER

IN CRL OP(MD) No.19192 of 2015 Date :08/10/2015 https://hcservices.ecourts.gov.in/hcservices/