M.Ganesan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.20422 of 2014 M.GANESAN ... PETITIONER / ACCUSED No.1 Vs THE STATE REB.BY THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SAMAYANALLUR, MADURAI DISTRICT. CR. NO.65/2014. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.ABIYA Advocate For Respondent :S.PRABHA 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 A1 apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 147,324,354,406, 498(A) of IPC r/w. Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime No.65 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that both the parties have tried for re-union before the Mediation and Conciliation Centre attached to this Court, but, that could not succeed.

3. The learned Government Advocate (Crl. Side) submitted that A2 to A6 were already granted anticipatory bail and the respondent police is completed investigation and also filed Charge Sheet, showing that the accused has absconding.

4. The learned counsel for the intervenor opposed granting anticipatory bail to the petitioner contending that the accused has harassed the de facto complainant demanding more dowry.

5. Heard the learned counsel for the petitioner, learned Government Advocate (Crl. Side) and the learned counsel for the intervenor.

6. Considering the facts and circumstances of the case and also considering the fact that the co-accused were already granted anticipatory bail, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Vadipatti, 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 condition stipulated under Section 438 Cr.P.C. https://hcservices.ecourts.gov.in/hcservices/

scrupulously.

7. 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/- 10/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SAMAYANALLUR, MADURAI DISTRICT. 4 THE CO-ORDINATOR THE MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.K.ABIYA Advocate SR.No.45544 ORDER IN CRL OP(MD) No.20422 of 2014 Date :10/08/2015 JAM/IV/SAR-I/13.8.15/2P-7C https://hcservices.ecourts.gov.in/hcservices/