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Madras High CourtCRL OP(MD)/19249/2015allowed

Pounathal v. The Inspector Of Police

2015-10-06Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19249 of 2015 1 POUNATHAL 2 MURUGATHAL ... PETITIONERS / ACCUSED 2 & 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE AYAKUDI POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO. 246 / 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S ANANTH C.RAJESH 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 petitioners who are arrayed as A2 and A3 apprehend arrest at the hands of the respondent police for an alleged offence punishable under Section 304(B) of IPC in Crime No.246 of 2015, on the file of the respondent police, seeks anticipatory bail.

2. According to the de facto complainant viz., Packiyalakshmi, her elder daughter was married to the first accused Ramasamy, about three years ago and out of the wedlock, they have a child, aged about 1 1⁄2 years. Though the accused did not demand dowry at the time of marriage, and immediately after the marriage, they have started demanding dowry from her daughter and also harassed her. Despite, she was provided with 6 sovereigns of jewels, Cot, Mixie, Fridge and other household articles as dowry the accused have demanded more dowry and harassed the daughter of the de facto complainant and therefore, on 02.08.2015 she committed suicide by hanging.

3. The learned counsel for the petitioners submitted that the petitioners are mother-in-law and sister-in-law of first accused and he further submitted that the first accused was already granted bail by this Court in Crl.O.P(MD).No.17546 of 2015 vide order dated 14.09.2015.

4. The learned Government Advocate (Crl. Side) would submit that investigation of the case is pending.

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5. Considering the facts and circumstances of the case and also considering the fact that co-accused was already released on bail, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the

petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Palani, Dindigul District 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.

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/- 06/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, PALANI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, AYAKUDI POLICE STATION, DINDIGUL DISTRICT.

+1. CC to M/S ANANTH C.RAJESH Advocate SR.No.58723. TS/07.10.2015/2P - 6C NGM-SS/SAR -II

ORDER

IN CRL OP(MD) No.19249 of 2015 Date :06/10/2015 https://hcservices.ecourts.gov.in/hcservices/