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Madras High CourtCRL OP(MD)/7017/2015allowed

V.Suresh v. Inspector Of Police

2015-08-14Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7017 of 2015 V.SURESH ...PETITIONER / ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, (AWPS), SRI RANGAM, TRICHY DISTRICT.

(IN CRIME NO. 22 OF 2014) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.SURESH Advocate For Respondent : M/S.S.Prabha Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who is arrayed as A1 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 294(B), 354(A), 406, 506(i) and 420 of IPC r/w. Section 4 of Tamil Nadu Women Harassment Act in Crime No.22 of 2014 on the file of the respondent police and hence, seeks anticipatory bail. 2.According to the de-facto complainant, she married the first accused/petitioner herein on 14.09.2009 and at the time of marriage, she was provided with 65 sovereigns of gold jewels and household articles and thereafter, the accused have harassed her demanding more dowry and also threatened her with dire consequences.

3.The learned counsel for the petitioner submitted that indisputably it is a case of love marriage and there is no demand of dowry and the accused 2 to 5 were granted the relief of anticipatory bail by the Principal District and Sessions Court in Crl.M.P.No.2360 of 2014. He would further submit that the petitioner has filed H.M.O.P. for restitution of conjugal rights and the de-facto complainant has filed H.M.O.P. for divorce and both the petitions are pending consideration. 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. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.III, Trichirappalli and on executing a bond for a sum of https://hcservices.ecourts.gov.in/hcservices/

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 petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6.The petitioner 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/- 14/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.III, TRICHY.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, (AWPS), SRI RANGAM, TRICHY DIST. +1. CC to M/S.R.SURESH Advocate SR.No. 46626. TS/18.08.2015/2P - 6C KBM/SAR -II

ORDER

IN CRL OP(MD) No.7017 of 2015 Date :14/08/2015 https://hcservices.ecourts.gov.in/hcservices/