Neela v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22520 of 2015 1 NEELA 2 RAMALINGAM ... PETITIONERS / ACCUSED 2 & 3 Vs 1 The State rep.by its THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KANYAKUMARI CR NO.33OF 2015. ... 1st RESPONDENTS/COMPLAINANTS 2 T. LATHA ... 2nd RESPONDENTS/DEFACTO COMPLAINANTS For Petitioner : M/S.R.GOWRI SHANKAR Advocate For Respondent : Mr.P.Kannidevan 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 accused Nos.2 & 3, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 406 of IPC and Section 4 & 6 of Dowry Prohibition Act, in Crime No.33 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 defacto complainant was solemnized on 21.10.2012. After the marriage, all the accused persons ill-treated the petitioner by demanding dowry and the first petitioner having illicit relationship with the first accused and retained the jewels of the defacto complainant with them. Therefore, a case has been registered for the above said offences. 3.The case of the petitioners is that they are not relatives of the first accused and the defacto complainant. The first petitioner is the wife of the second petitioner and the petitioners are family friends of the first accused and the defacto complainant. These petitioners are acted only as a Mediator for the marriage and they have not committed any offence and they have not demanded any dowry. 4.The learned Government Advocate (Crl.Side) submitted that the petitioners and other accused persons have demanded dowry and the investigation is pending.
5.The learned counsel for the petitioners submitted that the petitioners are only acted as a mediator of the marriage solemnized between the first accused and the defacto complainant. The first accused/husband already filed a petition for anticipatory bail before this Court in Crl.O.P(MD)No.22441 of 2015 and the same was referred to Mediation and Conciliation Centre for settlement. 6.Considering the facts and circumstances of the case and also considering the fact that this petitioners are only family friend of the first accused and they have not demanded any dowry from the defacto complainant, this Court is inclined to grant anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/
petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.III, Nagercoil 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 petitioners shall appear before the respondent police as and when required. 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/- 30/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.III, NAGERCOIL 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KANYAKUMARI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.R.GOWRI SHANKAR Advocate SR.No.68241 sm:pm-mp:AR II:01.12.2015:2P/6C
ORDER
IN CRL OP(MD) No.22520 of 2015 Date :30/11/2015 https://hcservices.ecourts.gov.in/hcservices/