Ayyakannu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13936 of 2017 1 AYYAKANNU 2 DHANALAKSHMI 3 KUMAR 4 SURESH 5 VEERAPANDI ... PETITIONERS/ACCUSED NO.2 TO 6 Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATIION, THALLAKULAM, MADURAI DISTRICT, CR.NO.43/2017 ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.K.N.GOVARDHANAN Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) For Intervener : MR.P.MAHENDRAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners A2 to A6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498 (A) and 406 IPC., in Crime No.43 of 2017, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the marriage between the de-facto complainant and the first petitioner was solemnized in the year 2015. After the marriage, they were blessed with female child and thereafter, the first petitioner and other in-laws demanded additional dowry and they did not went to see the grandchild and the de-facto complainant. Aggrieved by the same, the de-facto complainant lodged a complaint against the petitioners. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.
4.The learned counsel for the intervenor submitted that even after the birth of female child, no one see the de-facto
complainant. Now till date, the de-facto complainant is residing in the parental house without any hold and the petitioners are continuously demanded additional dowry.
5.The learned Government Advocate (Crl.side) appearing for the respondents also confirmed the intervener's statement. 6.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side) that there is no specific allegation against the second petitioner, who is none other than the mother-in-law of the de-facto complainant, this Court is inclined to grant anticipatory bail to 2nd petitioner/A3 with certain condition. Accordingly, the second petitioner/A3 is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Additional Mahila Court, Madurai on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(i) the second petitioner/A3 shall appear before the respondent police daily at 10.00 a.m. for a period of two weeks; (ii) the second petitioner/A3 shall not tamper with evidence or witness either during investigation or trial; (iii) the second petitioner/A3 shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;
(iv) the second petitioner/A3 shall not commit any offence while on bail;
(v) 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 and the anticipatory bail granted stands cancelled automatically.
7.In respect of other petitioners namely, A2, A4, A5 & A6, this Court is not inclined to grant anticipatory bail. Hence, this petition is dismissed in respect of the other petitioners A2, A4, A5 & A6.
sd/- 13/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
rmi/vsa TO 1 THE JUDGE, ADDITIONAL MAHILA COURT, MADURAI 2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI DISTRICT 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.K.N.GOVARDHANAN Advocate SR.No.32808 GJM/CM/MSA/SAR-3-23.10.2017-2P-5C
ORDER
IN CRL OP(MD) No.13936 of 2017 Date :13/10/2017