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Madras High CourtCRL OP(MD)/24189/2015ordered

Thabasumani v. The Inspector Of Police

2015-12-18Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighteenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.24189 of 2015 1 THABASUMANI 2 THAVASIKANI 3 ILAYARAJA ... PETITIONERS/ ACCUSED NO.2 TO 4 Vs 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VALLIOOR, TIRUNELVELI DISTRICT.

(CRIME NO. 27/15) ...FIRST RESPONDENT/COMPLAINANT 2 NIRMALADEVI ...SECOND RESPONDENT/DE-FACTO COMPLAINANT For Petitioner : Mr.J.SANKARA PANDIAN Advocate For Respondent No.1 : 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 to 4, in Crime No.27 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(A), 406 and 506(i) of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act 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 09.04.2015. At the time of marriage, the parents of the defacto complainant gave house hold articles worth about Rs.2,00,000/- and 70 sovereign of gold jewels and also a sum of Rs.2,00,000/- as cash. The first accused is having illegal intimacy with other lady and the petitioners, who are the in-laws, did not control the first accused and therefore, the defacto complainant has left the matrimonial home and gave a complaint against the petitioners.

3. The case of the petitioners is that they are innocent and they have not committed any offence as alleged by the prosecution. After their marriage, both are living separately and not with the petitioners.

4. Heard the learned Government Advocate (Criminal Side).

5. Considering the facts and circumstances of the case and also considering the fact that the petitioners are the in-laws of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are https://hcservices.ecourts.gov.in/hcservices/

ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Valliyoor, Tirunelveli District 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 1 and 3 shall appear before the respondent police daily at 10.00 a.m., until further orders and the second petitioner shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions 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/- 18/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VALLIOOR, TIRUNELVELI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.J.SANKARA PANDIAN Advocate SR.No.75600

ORDER

IN CRL OP(MD) No.24189 of 2015 Date :18/12/2015 PS NS/AAL-MPA/SAR II/22.12.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/