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Madras High CourtCRL OP(MD)/22086/2015ordered

A. Vannianathan v. The Sub 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.22086 of 2015 A. VANNIANATHAN ... PETITIONER / 1st ACCUSED Vs 1 The State rep.by THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, DEVAKOTTAI,SIVAGANGAI DISTRICT, CR NO.22 OF 2015 ... 1st RESPONDENT/COMPLAINANT 2 ARUL JEYAPRIYA ... 2nd RESPONDENT / DEFACTO COMPLAINANT For Petitioner : M/S J.ANANDKUMAR 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), 494, 498(A), 506(i) of I.P.C., and Section 4 of Prevention of Women Harassment Act in Crime No.22 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the marriage between the petitioner and the de-facto complainant was solemnised on 25.11.2010 and in the wedlock, a male child was born and the petitioner demanded more dowry and when she refused, she was driven out from the matrimonial home. Subsequently, the petitioner developed illicit intimacy with another lady and refused to stay with the de-facto complainant and child and threatened the de-facto complainant with dire consequences.

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 and on her own volition, she left the matrimonial home.

4. The learned Government Advocate (Crl.side) submitted that the petitioner having illicit intimacy with one Arul Devapriya and demanded more dowry from the de-facto complainant and harassed her and driven out the de-facto complainant from the matrimonial home.

5. Considering the facts and circumstances of the case, 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 his arrest or on his appearance before the learned Judicial Magistrate, Devakottai and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like https://hcservices.ecourts.gov.in/hcservices/

sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioners 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.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 3 THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, DEVAKOTTAI,SIVAGANGAI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S J.ANANDKUMAR Advocate SR.No.66939 sm:sks-rr-SAR-II:26.11.2015:2P/6C

ORDER

IN CRL OP(MD) No.22086 of 2015 Date :23/11/2015 https://hcservices.ecourts.gov.in/hcservices/