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Madras High CourtCRL OP(MD)/20200/2014allowed

A.John Francis v. The Inspector Of Police

2015-02-02Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.20200 of 2014 1 A.JOHN FRANCIS 2 JOSEPH MARRY 3 ANTHONYCHAMY ... PETITIONERS/ACCUSED NOS.1 TO 3 Vs STATE THROUGH THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VIRUDHUNAGAR.

VIRUDHUNAGAR DISTRICT.

CRIME NO. 20/2013 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.RAJAMOHAN Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.20 of 2013, on the file of the respondent police for offences under Sections 498(A), 506(ii) IPC r/w Section 4 of Dowry Prohibition Act and Section 4 of TNPHW Act, the petitioners are now before this Court seeking Anticipatory Bail.

2. Earlier, this matter was referred to the Mediation and Conciliation Centre and a report has been received on 23.01.2015, wherein, they have stated that the parties have arrived at an amicable settlement.

3. In view of the settlement arrived at between the parties, this Court is inclined to grant anticipatory bail to the petitioners, but with conditions.

3. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate, No.II, Virudhunagar, on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety for a like sum to the satisfaction of the respondent https://hcservices.ecourts.gov.in/hcservices/

police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, (a) the petitioners shall report before the respondent Police as and when required for interrogation.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 02/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II VIRUDHUNAGAR 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VIRUDHUNAGAR.

VIRUDHUNAGAR DISTRICT.

RL/5 C- 5/2/2015

ORDER

IN CRL OP(MD) No.20200 of 2014 Date :02/02/2015 https://hcservices.ecourts.gov.in/hcservices/