P. Pappaiyah v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22461 of 2015 1 P. PAPPAIYAH 2 P. GNANAMMAL 3 P. VIJAYAKUMAR 4 S. DIVYA ... PETITIONERS/ ACCUSED 1 TO 4 Vs STATE OF TAMILNADU THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUMANGALAM,MADURAI.
(CR.NO. 117 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.K.K.SAMY 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 petitioners, who are arrayed as A1 to A4 in Crime No.117 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 498 and 506(i) of I.P.C., and hence, seek anticipatory bail. 2.The case of the prosecution is that the marriage between the first petitioner and the de-facto complainant was solemnized on 05.02.2015 and after the marriage, the petitioners demanded more dowry and also harassed her and hence, the case has been registered for offence under Sections 498 and 506(i) of I.P.C.
3.The learned counsel for the petitioners submitted that the petitioners did not receive any dowry even at the time of marriage and the marriage expense was spent only by the petitioners' family and the father of the de-facto complainant borrowed money from the third petitioner on various dates. He further submitted that the de-facto complainant left the matrimonial home within 15 days and refused to join materimonial home stating that she is studying B.com., and her college studies will be affected. He further submitted that the first petitioner came to know that the de-facto complainant has love affair with on Prithivi and the de-facto complainant refused to live with the first petitioner. He further submitted that the first petitioner issued notice to the de-facto complainant on 05.10.2015 asking her to live to the first https://hcservices.ecourts.gov.in/hcservices/
petitioner in the matrimonial home and on 27.10.2015 the first petitioner gave a complaint before the respondent police and after counselling, both the first petitioner and the de-facto complainant had approached the Court for settling the issue.
4.Heard the learned Government Advocate (Crl.side) appearing for the State.
5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thirumangalam and on each of them 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 first petitioner shall appear before the respondent police daily at 10.00 a.m,., for a period of two weeks and thereafter as and when required for interrogation and the petitioner Nos.2 to 4 shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 7.The petitioners 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/- 27/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM.
2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUMANGALAM,MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.K.K.SAMY Advocate SR.No.67905
ORDER
IN CRL OP(MD) No.22461 of 2015 Date :27/11/2015 NS/PM-MP/SAR II/01.12.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/