Sakthibalan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5270 of 2018 1 SAKTHIBALAN 2 B.MURUGESAN 3 M.JAMUNA 4 SIVABALAN ... PETITIONERS / ACCUSED RANKED AS A1 TO A4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, UTHAMAPALAYAM, THENI DISTRICT, (CRIME NO. 05 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.A.MITHUN CHAKRAVARTHI Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are shown as Accused Nos.1 to 4 in Crime No.

5 of 2018, on the file of the Inspector of Police, All Women Police Station, Uthamapalayam, Theni District for the offences punishable under Sections 417, 498(A), 420 of IPC and Section 4 of Dowry Prohibition Act, 1961, and they seek anticipatory bail. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl Side) appearing for the respondent.

3.This Court went through the conditions of the First Information Report. The said First Information Report was registered on 27.03.2018. The first petitioner is the husband, while the other petitioners are the in-laws of the defacto complainant.

4.The learned counsel appearing for the petitioners brought to the notice of this Court that the first petitioner herein has already filed Original Petition before the District Court, Theni, seeking, declaration that the marriage solemnised between him and the defacto complainant is nullity.

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5.Considering the nature of allegations, 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, Uthamapalayam, Theni District and on their 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 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. 6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 05/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, UTHAMAPALAYAM, THENI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.MITHUN CHAKRAVARTHI Advocate SR.No.5638

ORDER

IN CRL OP(MD) No.5270 of 2018 Date :05/04/2018 MKV-CM-VR-RNB/12.4.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/