Dharmanathan v. The Insepector Of Police

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.20268 of 2015 1 DHARMANATHAN 2 MERILIN RAJA SINGH ..PETITIONERS/ACCUSED 2 & 3 Vs.

STATE REP.BY THE INSEPECTOR OF POLICE ALL WOMEN POLICE STATION, KULACHAL, KANYAKUMARI DISTRICT.

CR. NO.6/2013 ..RESPONDENT/COMPLAINANT For Petitioner : M/S S.PALANIVELAYUTHAM 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 Nos.2 and 3, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 406 of I.P.C., and Sections 3, 4 and 6 of Dowry Prohibition Act and also Sections 3, 4 and 6 of WH Act, in pursuance of the Non-Bailable Warrant issued on 01.09.2015 in Crime No.6 of 2013 on the file of the respondent police and hence, seek anticipatory bail.

2. The learned counsel for the petitioners submitted that the petitioners names were not mentioned in the F.I.R., and at the time of filing of the charge sheet, they have been shown as absconding accused and based on the charge sheet, the learned Judicial Magistrate has issued a Non-Bailable Warrant against the petitioners. It is further submitted that the petitioners are ready to appear before the trial Court and cooperate for early disposal of the case.

3. Heard the learned Government Advocate (Crl.side).

4. Considering the facts, 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 their arrest or on their appearance before the learned Judicial Magistrate No.II, Kulithurai, Kanyakumari District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the trial Court for all future hearing dates without fail, except the date on which the petitioner files a petition under Section 317 of Cr.P.C., for valid reasons. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. https://hcservices.ecourts.gov.in/hcservices/

5. 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/- 26/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, KULITHURAI, 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 INSEPECTOR OF POLICE, ALL WOMEN POLICE STATION,KULACHAL, KANYAKUMARI DISTRICT.

+1. CC to M/S S.PALANIVELAYUTHAM Advocate SR.No.62326 ORDER IN CRL OP(MD) No.20268 of 2015 Date :26/10/2015 PBK/SK-SKN/SAR-II 30/10/2015 ::2P-6C::

https://hcservices.ecourts.gov.in/hcservices/