Manikandan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.20766 of 2015 MANIKANDAN ... PETITIONER/ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALANI, DINDIGUL DISTRICT.
CRIME NO. 32 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S V.KARUNA Advocate For Respondent : MR.K.ANBARASAN,Government 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 No.1, in Crime No.32 of 2015 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A) and 506(i) of IPC and hence, seeks anticipatory bail.
2. The case of the prosecution is that the marriage between the petitioner and the defacto complainant was solemnized in the year 2015. After the marriage, the petitioner and his parents demanded dowry, two wheeler and cash and threatened the defacto complainant with dire consequences. Hence, on the complaint made by the defacto complainant, the present case has been registered for the offences referred to supra.
3. The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence. The petitioner is working as a school Teacher in a Higher Secondary School at Viampatti and the defacto complainant is working in Regional Transport Office at Palani and she left the matrimonial home on her own volition. It is the further case of the petitioner that the petitioner filed H.M.O.P.No.137 of 2014 on the file of the Sub-Court, Palani, for restitution of conjugal rights and the said petition was allowed on 18.06.2015 and even after that, the defacto complainant did not come and live with the petitioner and on the other hand, she has given a false complaint stating that the petitioner along with his parents and others harassed the defacto
complainant.
4.The learned Government Advocate(Crl. Side) on instructions submitted that this Court, vide order dated 20.10.2015, granted anticipatory bail to the in-laws of the defacto complainant and considering the request of the petitioner, referred the matter before the Mediation and Conciliation Centre attached to this Bench. But, mediation could not succeed. Hence, the matter is referred back to this Court.
5.Considering the above said facts and circumstances of the case and also considering the fact the mediation could not succeed, 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, Palani, Dindigul District and 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 Magistrate concerned and on further condition that the petitioner shall appear before the Viampatti Police Station, daily at 5.00 p.m., until further orders. The petitioner shall comply with the condition 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/- 14/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE ,PALANI, DINDIGUL DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PALANI,DINDIGUL DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
5 THE INSEPECTOR OF POLICE,VIAMPATTI POLICE STATION. +1. CC to M/S V.KARUNA Advocate SR.No.71406
ORDER
IN CRL OP(MD) No.20766 of 2015 Date :14/12/2015 PM CSL/GSV-AN/SAR-II/18.12.2015/2P/7C