Antony Michael v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19595 of 2015 ANTONY MICHAEL ... PETITIONER / ACCUSED No.1 Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TIRUNELVELI (RURAL), TIRUNELVELI DISTRICT.

(CRIME NO.34 OF 2013) ... RESPONDENT / COMPLAINANT For Petitioner : M/S A.R.KANNAPPAN 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 petitioner, who is arrayed as A1, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 498(A) of I.P.C., r/w Section 4 of Women Harassment Act, in Crime No.34 of 2013 on the file of the respondent police and hence, seeks anticipatory bail.

2.According to the de-facto complainant, the first accused married the de-facto complainant on 02.11.2012 and after the marriage, she was harassed by the accused demanding more dowry. 3.The learned counsel for the petitioners submitted that the anticipatory bail petition filed by A2 to A4 were allowed by the Principal Sessions Judge, Tirunelveli in Cr.M.P.No.5474 of 2013. It is further submitted that the de-facto complainant is not willing for cohabitation with the first accused/husband and therefore, he filed I.D.O.P.No.36 of 2015 before the Family Court, Tirunelveli against the de-facto complainant in which, she appeared and made an endorsement that she has no objection for granting divorce in favour of the first accused, so it was allowed on 26.03.2015.

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 petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.V, Tirunelveli and on 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., for a period of two weeks and thereafter as and when required for interrogation. 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/- 12/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.

THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TIRUNELVELI (RURAL), TIRUNELVELI DISTRICT.

2.

THE JUDICIAL MAGISTRATE NO.V TIRUNELVELI 3.

THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 4.

THE PRINCIPAL SESSIONS JUDGE TIRUNELVELI.

5.

THE FAMILY COURT TIRUNELVELI.

6.

THE ADDITIONAL PUBLIC PROSECUTOR MADRAS HIGH COURT OF MADURAI BENCH, MADURAI.

+1. CC to M/S A.R.KANNAPPAN Advocate SR.No.60605 SH/AMF/SAR-II:14.10.15/3P-8C

ORDER

IN CRL OP(MD) No.19595 of 2015 Date :12/10/2015