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Madras High CourtCRL OP(MD)/13404/2017ordered

Ramar, v. The Inspector Of Police,

2017-09-28Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN CRL OP(MD) No.13404 of 2017 RAMAR ... PETITIONER / ACCUSED No.5 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

(CRIME NO.15 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.A.UTHAYAKUMAR Advocate For Respondent : Mr.C.RAMESH, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / accused No.5, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 294(b), 498(A), 506(i) of IPC r/w. 4 of Dowry Prohibition Act in Crime No.15 of 2017 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to matrimonial dispute between A1 and de facto complainant, the de facto complainant has given a complaint against the petitioner.

3. The learned counsel appearing for the petitioner states that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would further state that the petitioner has only arranged the marriage between A1 and de facto complainant, except, that there is no allegation against the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent on instructions would submit that this is a matrimonial dispute and the investigation is still pending. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate,Aruppukkottai, Virudhunagar District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a https://hcservices.ecourts.gov.in/hcservices/

like sum to the satisfaction of the respondent Police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a]the petitioner shall appear before the respondent Police daily at 10.30 a.m. for a period of one week and thereafter, as and when required for interrogation.

[b]the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c]the petitioner shall not abscond either during investigation or trial.

[d] 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 as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate / Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala (2005 AIR SCW 5560). sd/- 28/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.A.UTHAYAKUMAR Advocate SR.No.31939 JAM/03.10.17/PM-PN/SAR 4 2P-6C

ORDER

IN CRL OP(MD) No.13404 of 2017 Date :28/09/2017 https://hcservices.ecourts.gov.in/hcservices/