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Madras High CourtCRL OP(MD)/20232/2015allowed

T. Ayyathurai v. The Sub Inspector Of Police

2015-10-26Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20232 of 2015 T.AYYATHURAI ..PETITIONER/ACCUSED No.3 Vs.

STATE REP.BY THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, COLACHEL, KANYAKUMARI DISTRICT.

IN CRIME NO. 20 OF 2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S H.VELAVADHAS Advocate For Respondent : M/s.S.PRABHA, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.3 in Crime No.20 of 2015 on the file of the respondent police, was arrested on 01.10.2015 for the alleged offences punishable under Sections 498(A), 406(B), 354 and 316 of I.P.C., and Section 4 of Women Harassment Act and hence, seeks bail.

2. According to the de-facto complainant that the first accused married the de-facto complainant on 24.06.1999 and out of the wedlock, they are having two children born and died and thereafter, all the accused have demanded additional dowry and physically and mentally harassed the de-facto complainant.

3. The learned counsel for the petitioner submitted that the petitioner is the brother-in-law of the de-facto complainant and due to matrimonial dispute, a false case was registered against him.

4. The learned Government Advocate (Crl.side) submitted that the accused 1 and 2 are still at large and the de-facto complainant was harassed by all the accused demanding additional dowry.

5. Considering the facts, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his 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 Judicial Magistrate, Eraniel, Kanyakumari District and on further condition that the petitioner shall appear before the respondent police as and when required. sd/- 26/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, ERANIEL, KANYAKUMARI DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,KANYAKUMARI AT NAGERCOIL. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION,COLACHEL, KANYAKUMARI DISTRICT.

5 THE OFFICER INCHARGE, SUB JAIL, NAGERCOIL, KANYAKUMARI DISTRICT. +1. CC to M/S H.VELAVADHAS Advocate SR.No.62306 ORDER IN CRL OP(MD) No.20232 of 2015 Date :26/10/2015 PBK/DP/SAR-I 26/10/2015 ::2P-7C::

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