Sivakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7436 of 2015 1 SIVAKUMAR 2 PANDI, 3 KANNAMMAL ... PETITIONER(S) / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VIRUDHUNAGAR.

(CRIME NO. 10 OF 2015). ... RESPONDENT / COMPLAINANT For Petitioner : M/S.EDDY AND EMBOSS LAWFIRM Advocate For Respondent : M/S.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) For Intervenor : M/S.R.Rajamohan Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 3 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A) and 506(i) of I.P.C., in Crime No.10 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the de-facto complainant, the first accused had married her in the year 2014 and out of wed lock, a girl child was born to them on 20.06.2015 and thereafter, the first accused refused to live with the de-facto complainant and also harassed her demanding dowry.

3. The learned counsel for the petitioners submitted that the de-facto complainant is aged about 42 years, whereas the first accused is 29 years old and he had not married the de-facto complainant. It is further submitted that his parents were also unnecessarily implicated in this case.

4. The learned counsel for the intervenor vehemently opposed for granting anticipatory bail to the petitioners contending that the accused have cheated the de-facto complainant and now disputing the marriage itself.

5. Heard the learned Government Advocate (Crl.side). https://hcservices.ecourts.gov.in/hcservices/

6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.II, Virudhunagar and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 2 and 3 shall appear before the respondent police as and when required. 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/- 16/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.II, VIRUDHUNAGAR. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VIRUDHUNAGAR.

+1. CC to M/S.EDDY AND EMBOSS LAWFIRM Advocate SR.No. 39429. +1cc to M/S.R.Rajamohan,Advocate in SR.No 39567 TS/22.07.2015/2P - 7C

ORDER

IN CRL OP(MD) No.7436 of 2015 Date :16/07/2015 https://hcservices.ecourts.gov.in/hcservices/