Mani Sekar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7158 of 2015 MANI SEKAR ..PETITIONER/1st ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE AWPS, OTTANCHATHIRAM, DINDIGUL DISTRICT.

CR. NO.4/2015.

..RESPONDENT/COMPLAINANT For Petitioner : M/S.D.VENKATESH Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 498-A and 406 I.P.C r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act in Crime No.4 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The allegation against the accused is that at the time of marriage on 21.04.2011 the defacto complainant was provided with 18 sovereigns of gold jewels and household articles worth about Rs.1 lakh. But it was misappropriated by the accused.

3.It is submitted by the learned counsel for the petitioner that the petitioner is innocent and he has been falsely implicated in this case. He would submit that the petitioner appeared before the Mediation and Conciliation Centre, the defacto complainant has not chosen to appear and therefore the matter could not be settled and prays for anticipatory bail in favour of the petitioner.

4.The learned Government Advocate (Crl.side) appearing for the respondents submitted the defacto complainant did not appear before the Mediation and Conciliation Centre.

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 Court, Ottanchathiram, and on 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 petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. https://hcservices.ecourts.gov.in/hcservices/

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/- 30/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, OTTANCHATHIRAM, DINDIGUL DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE,AWPS, OTTANCHATHIRAM, DINDIGUL DISTRICT. +1CC to M/s.D.VENKATESH, Advocate in SR.24971 ORDER IN CRL OP(MD) No.7158 of 2015 Date :30/04/2015 PBK/AMF 06/05/2015 ::2P-6C:

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