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Madras High CourtCRL OP(MD)/21435/2015ordered

Thansislas v. The Inspector Of Police

2015-11-26Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21435 of 2015 THANSISLAS ... PETITIONER/ ACCUSED NO.1 Vs STATE REP. BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KUZHITHURAI, KANYAKUMARI DISTRICT.

(CRIME NO.38 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.M.R.SREENIVASAN 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.1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 498-A, 406, 506(i) of IPC and Sections 3,4,6 of Dowry Prohibition Act, in Crime No.38 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the marriage between the petitioner and the defacto complainant was solemnized on 09.09.2013 and at the time of marriage, she was given 35 sovereign of gold, 1⁄2 Acre Rubber Estate and Rs.2,00,000/- cash. After the marriage, the petitioner and other accused harassed the defacto complainant by demanding more dowry.

3.The learned counsel for the petitioner submitted that on 23.11.2014, the petitioner has given a complaint and CSR No.266 of 2014 has been given and also he has given another petition on 01.12.2014 before the District Social Welfare Officer. He further submitted that the defacto complainant has filed a petition for maintenance and suppressing all these fact, this complaint has been filed by the defacto complainant. 4.The learned Government Advocate (Crl.side) submitted that the petitioner demanded dowry and harassed the defacto complainant. 5.Considering the facts and circumstances of the case and already the petition given by the petitioner and the defacto complainant against each other are pending, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is https://hcservices.ecourts.gov.in/hcservices/

ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Kuzhithurai 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 daily at 10.00 a.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/- 26/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT. 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KUZHITHURAI, KANYAKUMARI DISTRICT 4 THE ADDL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.M.R.SREENIVASAN Advocate SR.No.67989

ORDER

IN CRL OP(MD) No.21435 of 2015 Date :26/11/2015 NS/PM-MP/SAR II/01.12.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/