A. Viji Babu v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.19904 of 2015 A. VIJI BABU ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs THE STATE REP. BY THE INSEPECTOR OF POLICE ALL WOMEN POLICE STATION, ANDIPATTI,THENI DISTRICT, CRIME NO NOT KNOWN OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S K.P.NARAYANAKUMAR Advocate For Respondent : MR.K.ANBARASAN, 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 accused, in Crime No.16 of 2015 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable (*)under Sections 294(b) and 506(i) of IPC r/w Section 4 of TNPHW Act, and hence, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner married the defacto complainant. Subsequently, he refused to cohabit with the defacto complainant and demanded dowry. Therefore, she has given a complaint.

3. The case of the petitioner is that the petitioner and defacto complainant are classmates in B.Ed course and they loved each other and registered their marriage at Nagal Naickanpatti Sub-Registrar Office, Dindigul, on 07.11.2013. Both of them lived as husband and wife at Madurai. After completion of the course, the matter was informed to the defacto complainant's family and both the families were agreed to arrange marriage after getting a job by both of them. The petitioner did not get job. The defacto complainant got the job in the post office. Hence, the father of the defacto complainant compelled and insisted the defacto complainant to leave the petitioner. The defacto complainant filed H.M.O.P.No.159 of 2015 on the file of the Sub Court, Theni for dissolution of marriage and the same is pending. While so, at the instigation of her father, the defacto complainant has given the complaint.

4. The learned Government Advocate (Criminal Side) submitted that originally petition enquiry was pending and subsequently, after investigation, a case has been registered against the petitioner in Crime https://hcservices.ecourts.gov.in/hcservices/

No.16 of 2015 for the alleged offences punishable (*)under Sections 294 (b) and 506(i) of IPC r/w Section 4 of TNPHW Act.

5. 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 arrest or on his appearance before the learned Judicial Magistrate cum District Munsif, Andipatti 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 as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6. 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/- 25/11/2015 (*)Corrected as per order dated 14.12.2015 and made in Crl.OP(MD)NO.19904 of 2015.

Time is extended till 24.12.2015.

sd/- 14/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JDICIAL MAGISTRATE CUM DISTRICT MUNSIF,ANDIPATTI.

2. DO THRO'THE CHIEF JUDICIAL MAGISTRATE,THENI DISTRICT.

3. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION,ANDIPATTI, THENI DISTRICT.

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

+1. CC to M/S K.P.NARAYANAKUMAR Advocate SR.No.19904

ORDER

IN CRL OP(MD) No.19904 of 2015 Date :25/11/2015 SH/SKS-JGB/SAR-I:27.11.2015:2P/6C RG.SK-SKN/SAR-II 17.12.2015 2P:6C https://hcservices.ecourts.gov.in/hcservices/