Balasubramanian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.4101 of 2015 1 BALASUBRAMANIAN 2 NEHRU 3 SHANTHI 4 SELVAMANI 5 ABIRAMI ... PETITIONERS/ ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ANDIPATTI, THENI DIST, CR.NO.6 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.VAKEESWRAN Advocate For Respondent : Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are accused apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498 (A), 406 of I.P.C. and Section 4 of Dowry Prohibition Act in Crime No.6 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The learned counsel for the petitioners submitted that as per the order of this Court, the petitioners have appeared before the Mediation and Conciliation Centre and the de-facto complainant has not chosen to present before the Mediation Centre to settle the dispute. It is further submitted that when the petition enquiry was pending, the matter was compromised and the de-facto complainant rejoined with her husband and after some time, she left the matrimonial home. He also submitted that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that the first petitioner has filed H.M.O.P.No.25 of 2014 before the Sub Court, Theni for divorce on the ground of cruelty.

3. Heard the learned Government Advocate (Crl.side).

4. Considering the facts and circumstances of the case, this Court is 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, Andipatti, Theni 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 first petitioner shall appear before the respondent police two Saturdays and Sundays at https://hcservices.ecourts.gov.in/hcservices/

10.00 a.m. and the other 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.

5. 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/- 24/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,ANDIPATTI.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, THENI. 3.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ANDIPATTI, THENI DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.C.VAKEESWRAN Advocate SR.No.22039

ORDER

IN CRL OP(MD) No.4101 of 2015 Date :24/04/2015 RG.27.04.2015 2P.6C.

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