Backialakshmi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23848 of 2015 1 BACKIALAKSHMI 2 BALAKUMARARAJA 3 SAKILA 4 BABY @ MURUGESHWARI 5 MURUGESAN 6 RAMESH ... PETITIONERS / ACCUSED Nos.1,2,4,5,7 and 8 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION (RURAL), TIRUNELVELI (CRIME NO. 11 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.VEILKANI RAJU 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 Accused Nos.2,4 and 7 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 417 of the Indian Penal Code and also under Section 4 of TNPWH Act, in Crime No.11 of 2015, on the file of the respondent police and hence, seek anticipatory bail.
2. According to the de-facto complainant, a betrothal was conducted for the marriage of his daughter with the first petitioner/accused No.2 on 23.02.2014 and the marriage was not solemnized on 13.04.2014, as fixed, due to demand of dowry by the accused. 3.The learned counsel for the petitioners submitted that the petitioners are falsely implicated in this case and he further submitted that the daughter of the de-facto complainant was not willing to marry the first petitioner/second accused and therefore, the marriage was stopped, for which, the accused were not responsible and the de-facto complainant earlier preferred similar complaint in Devarkulam Police Station and the petitioners moved Crl.O.P.(MD)No.7427 of 2014 seeking anticipatory bail and that was also allowed by this Court. However, due to non-cooperation of the de-facto complainant, the case was closed and thereafter, the present complaint was given on the similar allegation. https://hcservices.ecourts.gov.in/hcservices/
4.The learned Government Advocate(Crl.side) submitted that already the daughter of the de-facto complainant is married another boy. The petitioner has already filed Crl.O.P.(MD) No.17874 of 2014 before this Court. This Court,by order dated 13.08.2015, granted anticipatory bail to the petitioners.
5.The petitioners did not comply the condition imposed by this Court, dated 13.08.2015, in Crl.O.P.(MD) No.17875 of 2014. . 6.Now, the petitioners have come out with the present petition for Anticipatory Bail on the ground that he could not arrange sureties within the time limit granted by this Court.
7. Considering the facts and circumstances of the case and also considering the fact that the daughter of the de-facto complainant is married another boy and this Court has already granted anticipatory bail to the petitioners, I am inclined to grant anticipatory bail to the 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.I, Tirunelveli and on each of them executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two common sureties 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 for the purpose of interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.
8. The petitioners shall appear before the concerned Magistrate on or before 29.12.2015, failing which, the petition for anticipatory bail stands dismissed.
sd/- 15/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I TIRUNELVELI 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION (RURAL), TIRUNELVELI 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S M.VEILKANI RAJU Advocate SR.No.71678
ORDER
IN CRL OP(MD) No.23848 of 2015 Date :15/12/2015 AM/31.12.2015/GSV.AN/SAR-I/2P/6C https://hcservices.ecourts.gov.in/hcservices/