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Madras High CourtCRL OP(MD)/6787/2015allowed

Sankara Nainar Moorthy v. The Inspector Of Police

2015-06-24Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6787 of 2015 1 SANKARA NAINAR MOORTHY 2 SANKARANPILLAI 3 PONNAMMAL ... PETITIONERS / ACCUSED 1 - 3 Vs STATE REP BY:: THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PUDHUKOTTAI, TUTICORIN DISTRICT. CR. NO. 6/2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.SENTHILSANKARANATHAKUMAR Advocate For Respondent : MR.P. KANNI THENVAN, GOVT. ADV.(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 A1 to A3, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 494, 406 and 506(i) of I.P.C. in Crime No.6 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 35 sovereign of jewels and a two wheeler from the de-facto complainant and also harassed her.

3.The learned counsel for the petitioners submitted that the marriage between the first petitioner and the de-facto complainant was solemnized on 09.04.2000 and she left the matrimonial home in the year 2001 and after 14 years, she lodged a false complaint. He further submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that the petitioners and the de-facto complainant had appeared before the Mediation Centre and due to huge demand from the de-facto complainant, the matter could not be settled. 4.Heard the learned Government Advocate (Crl.side). 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Tuticorin and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) https://hcservices.ecourts.gov.in/hcservices/

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 daily at 10.00 a.m, until further orders and the petitioners No.2 and 3 shall appear before the respondent police as and when required for interrogation. 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/- 24/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PUDHUKOTTAI, TUTICORIN DISTRICT.

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

3 THE JUDICIAL MAGISTRATE NO.I TURICORIN 4 THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN +1. CC to M/S.S.SENTHILSANKARANATHAKUMAR Advocate SR.No.33298 DM 24 JUNE 15 ORDER IN CRL OP(MD) No.6787 of 2015 Date :24/06/2015 2P:6C https://hcservices.ecourts.gov.in/hcservices/