Nagu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10646 of 2016 1 NAGU 2 RAJAMMAL ... PETITIONERS/ACCUSED NOS.2&3 Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT, (IN CRIME NO.16/2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S S.M.SANJAY Advocate For Respondent : M/S.P.KANNITHEVAN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 294(b), 324, 506(ii) and 498(A) of IPC and Section 4 of Women Harassment Act, in Crime No.16 of 2016, seek anticipatory bail.
2. The case of the prosecution is that the petitioners and A1 demanded dowry from the de facto complainant and also harassed her both mentally and cruelly. On complaint, a case has been registered against the petitioners.
3. The learned counsel for the petitioners submitted that the petitioners are in laws of the de facto complainant and they are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) submits that it is a matrimonial dispute and the investigation of the case is pending.
5. Considering the facts and circumstances of the case and also considering the fact that the petitioners are in-laws of the defacto https://hcservices.ecourts.gov.in/hcservices/
complainant, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Karaikudi on condition that each of the petitioner shall execute 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 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 petitioners shall report before the respondent police as and when required for interrogation.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners 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/- 29/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE KARAIKUDI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT +1. CC to M/S S.M.SANJAY Advocate SR.No.33886 RL/6C/2P/ARK/PV/SARII/4/7/2016
ORDER
IN CRL OP(MD) No.10646 of 2016 Date :29/06/2016 https://hcservices.ecourts.gov.in/hcservices/