Senthil Nathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21572 of 2015 SENTHIL NATHAN ... PETITIONER/ACCUSED NO.1 Vs STATE, THE INSPECTOR OF POLICE KULITHALAI ALL WOMEN POLICE STATION, KARUR DISTRICT, CRIME NO.12/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S V.KANNAN 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.12 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 294(b), 494, 498(A) and 506(ii) I.P.C and Section 4 of Dowry Prohibition Act and hence, seeks anticipatory bail.
2. The case of the prosecution is that on 20.02.2012, the marriage between the Petitioner and de-facto complainant was solemnized and at the time of marriage, the parents of the de-facto complainant gave 20 sovereigns of gold jewels and also house-hold articles as dowry. Due to the lawful wedlock, a child was born to them on 27.3.2013. After the birth of the child, the Petitioner and his family members have demanded more dowry from the de-facto complainant and threatened her with dire consequences and the accused person threatened the de-facto complainant that if she has not arranged for dowry as demanded, they will arrange for the second marriage of of A1. In view of the same, the de-facto complaint went to her parents house. On 21.3.2013, the petitioner was married to one Janaki as second marriage. Therefore the de-facto complainant has given the complaint and the case has been registered for the offences as stated above.
3. The case of the petitioner is that the petitioner is innocent and he has not committed any offence as alleged by prosecution and due to family dispute, the Petitioner and others are falsely implicated in this case. Further, this Court has already granted anticipatory bail to A2 and A3, who are the parents of the Petitioner, in Crl.O.P.No.18168 of 2015. 4.The learned Government Advocate(Crl.side), on instructions, would submit that the petitioner has married another lady by name Janaki and therefore his first wife/de-facto complainant herein has lodged the https://hcservices.ecourts.gov.in/hcservices/
present complaint against the Petitioner.
5.Considering the facts and circumstances of the case and also considering the fact the co-accused were already released on anticipatory bail in Crl.O.P.No.18168 of 2015, 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 No.I, Kulithalai, 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 respondent police daily at 10.30 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/- 24/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE ,NO.I,KULITHALAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,KARUR DISTRICT. 3 THE INSPECTOR OF POLICE, KULITHALAI ALL WOMEN POLICE STATION, KARUR DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S V.KANNAN Advocate SR.No.67461
ORDER
IN CRL OP(MD) No.21572 of 2015 Date :24/11/2015 CSL/SKS-RR/SAR-I/26.11.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/