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Madras High CourtCRL OP(MD)/21195/2015ordered

Subramani v. The Inspector Of Police

2015-11-23Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21195 of 2015 SUBRAMANI ... PETITIONER / ACCUSED No.4 Vs STATE REP. BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIRANGAM, TRICHY DISTRICT.

CR. NO.16/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S K.SEEMARAJ Advocate For Respondent : MR.K.ANBARASAN, 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 accused No.4, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A) and 304 of I.P.C., in Crime No.16 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that A1 married the daughter of the de-facto complainant viz., Rajalakshmi on 12.04.2012 and in the wedlock, one female child was born on 25.03.2014. After the marriage, the husband of the deceased and other in-laws harassed the deceased demanding more dowry. So that, she committed suicide on 01.07.2015.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. It is further submitted that the petitioner is sister's husband of A1 and the deceased was already affected by mental illness and for that, she took treatment at Trichy. Suppressing that, she got married to A1. It is also submitted that from the marriage, the deceased attempted 3 times for suicide and tried to kill the child and she has not co-operated for medical treatment. The first accused informed the parents of the deceased, but they did not take any steps. Again on 09.05.2015, the deceased tried to commit suicide at Chennai. Therefore, A1 brought the deceased to Srirangam and handed over the deceased to the parents of the deceased.

4. The learned counsel for the petitioner submitted that A1 was arrested and enlarged on bail by the Sessions Court and A2 and A3 were granted anticipatory bail by this Court and the petitioner is residing within the jurisdiction of Vadapalani Police Station and working as Assessor in the Electricity Department at Chennai. https://hcservices.ecourts.gov.in/hcservices/

5. The learned Government Advocate (Crl.side) submitted that due to the harassment and tortured by the accused persons, the deceased committed suicide and at the time of marriage, the parents of the deceased had given 20 sovereigns of gold jewels, household articles worth Rs.2 lakhs and three sovereigns of gold jewels to A1 and not satisfied with the said sridhana articles, A1 and the other accused persons demanded more dowry and harassed the deceased and therefore, she committed suicide.

6. Considering the nature of the offence and the co-accused viz., A1 was arrested and released on bail by the Sessions Court, Trichy in Cr.M.P.No.1898 of 2015 dated 31.07.2015 and the other accused viz., A2 and A3 were granted anticipatory bail by this Court in Crl.O.P.(MD). No.17252 of 2015 dated 16.10.2015, this Court is also 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 his arrest or on his appearance before the learned Judicial Magistrate No.III, Trichy 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 the petitioner shall appear before the All Women Police Station, Vadapalani, Chennai daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 23/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. THE JUDICIAL MAGISTRATE NO.III TRICHY

2. THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT

3. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIRANGAM, TRICHY DISTRICT.

4. THE INSEPECTOR OF POLICE ALL WOMEN POLICE STATION, VADAPALANI, CHENNAI.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S K.SEEMARAJ Advocate SR.No.66929. ORDER IN CRL OP(MD) No.21195 of 2015 SH/NGM-SS/SAR-I:27.11.2015:2P/7C Date :23/11/2015 https://hcservices.ecourts.gov.in/hcservices/