Arul Devapriya v. The Sub Inspector Of Police

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.22100 of 2015 ARUL DEVAPRIYA ... PETITIONER / 2ND 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 ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.RAVI Advocate For 1st 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.2, 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 first accused and the de-facto complainant was solemnised on 25.11.2010 and in the wedlock, a male child was born. After birth of child, A1 demanded more dowry and when the de-facto complainant refused, she was driven out from the matrimonial home. Subsequently, the first accused developed illicit intimacy with the petitioner and the first accused 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 she has not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl.side) submitted that the first accused having illicit intimacy with the petitioner 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 https://hcservices.ecourts.gov.in/hcservices/

in the event of her arrest or on her appearance before the learned Judicial Magistrate, Devakottai and on her 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 respondent police as and when required. 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 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. 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 S.RAVI Advocate SR.No.66940

ORDER

IN CRL OP(MD) No.22100 of 2015 Date :23/11/2015 SH/NGM-SS/SAR-I:27.11.2015:2P/6C https://hcservices.ecourts.gov.in/hcservices/