Varatharajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.5563 of 2015 1 VARATHARAJAN 2 SARALA RANI ... PETITIONER(S) / ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION SOUTH, MADURAI CITY, MADURAI, CRIME NO.11 OF 2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S. R.SATISH Advocate For Respondent : M/S.K.V.Rajarajan Government Advocate (Crl.Side) For Intervenor : M/S. Jegadheesh Pandian Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are A2 and A3, apprehend arrest at the hands of the respondent police, for the alleged offences punishable under Sections 498(A) and 406 IPC in Crime No.11 of 2015, on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the accused have demanded dowry and abused the de-facto complainant and also withheld the articles of the de-facto complainant.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocents and they are falsely implicated in this case. The learned counsel further submitted that as per the direction issued by this Court, the petitioners have returned the articles to the de-facto complainant on 05.04.2015, which was duly accepted and acknowledged by the de-facto complainant.

4. The learned counsel appearing for the intervenor strongly opposed the petition and submitted that 4 items of articles are still with the accused, for which, the learned counsel for the petitioners submitted that those articles are with the first accused and they will be returned on his return from abroad in the month of August 2015. https://hcservices.ecourts.gov.in/hcservices/

5. Heard the learned Government Advocate (crl.side) appearing for the respondent.

6. Considering the above said submissions, this court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Mahila Judge, (Judicial Magistrate Cadre), Madurai 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 Judge 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/- 16/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE MAHILA JUDGE, (JUDICIAL MAGISTRATE CADRE), MADURAI. 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI.

3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION SOUTH, MADURAI CITY, MADURAI. +1. CC to M/S. R. SATISH Advocate SR.No.19372. TS/17.04.2015/2P-6C

ORDER

IN CRL OP(MD) No.5563 of 2015 Date :16/04/2015 https://hcservices.ecourts.gov.in/hcservices/