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Madras High CourtCRL OP(MD)/19875/2015allowed

Raj v. The Inspector Of Police

2015-10-14Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19875 of 2015 1 RAJ 2 SULOCHANA ... PETITIONER(S) / ACCUSED 4 & 5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE MANAPARAI ALL WOMEN POLICE STATION, TIRUCHIRAPALLI DISTRICT.

CRIME NO. 11/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S N.SUDHAGAR NAGARAJ 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 accused, apprehend arrest at the hands of the respondent Police for the alleged offences punishable under Sections 498(A), 494, 294(b), 323, 506(ii) IPC r/w Section 4 of TNPHW Act, in Crime No.11 of 2013 on the file of the respondent Police and hence, seek anticipatory bail.

2.According to the de facto complainant that she married the 1st accused on 14.09.2009 and out of the wedlock, they have two children and her husband harassed her demanding additional dowry. Whileso, the 1st accused, when the first marriage was subsisting, had married one Kalaimagal and thereby committed the offences. 3.The learned counsel for the petitioners submitted that the petitioners are parents of the said Kalaimagal and as their daughter was kidnapped by the 1st accused, they filed H.C.P.(MD)No.40 of 2014 before this Court for production of their daughter and on 06.02.2014, both the 1st accused and their daughter appeared before the Division Bench of this Court and thereafter, the detenue joined with the 1st Petitioner. 4.The learned counsel further submitted that the 1st accused has been secured and remanded to judicial custody and the petitioners are nothing to do with the allegations made in the complaint. https://hcservices.ecourts.gov.in/hcservices/ 5.Heard the learned Government Advocate (Crl.side) appearing for the respondent Police.

6.Considering the facts and circumstances of the case, 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, Manaparai, and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties 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. 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/- 14/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, MANAPARAI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE MANAPARAI ALL WOMEN POLICE STATION, TIRUCHIRAPALLI DISTRICT. +1. CC to M/S N.SUDHAGAR NAGARAJ Advocate SR.No. 61511. TS/16.10.2015/2P - 6C AMF/SAR -II

ORDER

IN CRL OP(MD) No.19875 of 2015 Date :14/10/2015 https://hcservices.ecourts.gov.in/hcservices/