Savarimuthu Jacob v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.11728 of 2017 1 SAVARIMUTHU JACOB 2 PAULRAJ 3 LURDHUMARY 4 SAVARIMUTHU WALDAR 5 ARUL DALDAN MAURIAN ... PETITIONERS/A-1 to A-5 Vs STATE REP.BY, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DINDIGUL.
CRIME NO.32/2017 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.R.MANOHARAN Advocate For Respondent : MR.K.ANBARASAN, Government Advocate (Crl.Side) For Intervener : M/S.D.SELVARAJ, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 498(A), 406, 506(i) IPC., and Section 4 of D.P. Act & Section 4 of TNPHW Act, in Crime No.32 of 2017, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the marriage between the first petitioner and the de-facto complainant was solemnized in the year 2016. The first petitioner is working is C.I.S.F. in Jargant. After the marriage, the husband and brothers-in-law and father-in-law harassed the de-facto complainant for demanding additional dowry. Aggrieved by the same, the de-facto complainant lodged a complaint against the husband and in-laws.
3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not
committed any offence as alleged by the prosecution. 4.Heard the learned Government Advocate (Crl.side) appearing for the State.
5.Considering the facts and circumstances of the case and also considering the crime committed by the husband and other in-laws, this Court is inclined to grant anticipatory bail to the third petitioner with certain conditions. Accordingly, the petitioner/A3 is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, No.III, Dindigul, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(i) the petitioner/A3 shall appear before the All Women Police Station, daily at 10.00 a.m. for a period of three weeks;
(ii) the petitioner/A3 shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioner/A3 shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;
(iv) the petitioner/A3 shall not commit any offence while on anticipatory bail;
(v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law and the anticipatory bail granted stands cancelled automatically. 6.In respect of other petitioners namely, A1, A2, A4 & A5, this Court is not inclined to grant anticipatory bail. Hence, this petition is dismissed in respect of the other petitioners/A1, A2, A4 & A5.
sd/- 13/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
rmi/vsa TO 1 THE JUDICIAL MAGISTRATE NO.III, DINDIGUL 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, DINDIGUL.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.R.MANOHARAN Advocate SR.No.32809 GJM/CM/MSA/SAR-3-23.10.2017-3P-6C
ORDER
IN CRL OP(MD) No.11728 of 2017 Date :13/10/2017