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Madras High CourtCRL OP(MD)/19526/2015allowed

Jesuraj@ Jesurash v. The Insepector Of Police

2015-10-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19526 of 2015 1 JESURAJ@ JESURASH 2 SUSILA 3 JANNIFAR 4 VETHA PITCHAI 5 VETHANAYAGAM @ PAPPA ... PETITIONERS / ACCUSED NOS.2, 3, 5, 6 AND 7 Vs STATE REP. BY THE INSEPECTOR OF POLICE ALL WOMEN POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT.

(CR. NO.19 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S S.M.SANJAY Advocate For Respondent : MS.S.PRABHA, 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 A2, A3, A5 to A7, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A) and 406 of I.P.C., and Section 4 of Dowry Prohibition Act and Section 4 of Tamil Nadu Women Harassment Act, in Crime No.19 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the accused demanded Rs.5 lakhs as additional dowry and also harassed her.

3. The learned counsel for the petitioners submitted that the marriage between the first accused and the de-facto complainant had taken place on 22.08.2010 and thereafter, the first accused has filed I.D.O.P.No.24 of 2011 against the de-facto complainant for divorce and the de-facto complainant has also filed M.C.No.25 of 2015 before the Judicial Magistrate No.II, Sivagangai. He further submitted that all the petitioners are the in-laws of the de-facto complainant and therefore, they have been falsely roped in this case.

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4.Heard the learned Government Advocate (Crl.side) appearing for the State.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Devakottai 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 No.2 to 5 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.

7. 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/- 09/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDICIAL MAGISTRATE,DEVAKOTTAI.

DO THRO THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSEPECTOR OF POLICE ALL WOMEN POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S S.M.SANJAY Advocate SR.No.60389

ORDER

IN CRL OP(MD) No.19526 of 2015 Date :09/10/2015 NS/AMF/SAR II/13.10.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/