Arjunan 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.13953 of 2017 1 ARJUNAN 2 SINGARAM 3 POOMAYIL 4 DEVI 5 SENTHIL 6 RAJA ... PETITIONERS/ACCUSED No.1 to 6 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUVADANAI, RAMNAD DISTRICT.
CR.NO.7/2017 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.G.THALAIMUTHARASU Advocate For Respondent : MR.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1 to A6, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 498 (A) of IPC., and Section 4 of Dowry Prohibition Act in Crime No.7 of 2017, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the marriage between the 1st petitioner and the defacto complainant was solemnized on 08.06.2016. Thereafter, they leading the marriage life in Chennai. However, based on ill-advise of the second and third petitioner, the first petitioner demanded additional dowry of Rs.
1,00,000/- and 20 sovereigns of gold jewels and harass the defacto complainant to get additional dowry, thereby, the defacto complainant filed a complaint before the respondent police for dowry harassment. 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 Government Advocate (Crl.side) appearing for the State submitted that the investigation is still pending. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side) that the investigation is still pending, this Court is inclined to grant anticipatory bail to the petitioner/A3 with certain conditions. Accordingly, the 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 Judicial Magistrate, Thiruvadanai, on condition that the petitioners 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 petitioner/A3 shall appear before the respondent police daily at 10.00 a.m for a period of two weeks ;
(ii) the petitioner/A3 shall not tamper with evidence or witness either during investigation or trial;
(iii) the petitioner/A3 shall not commit any offence while on bail;
(iv) 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.
6.In respect of other petitioners namely, A1, A2, A4 ,A5 & A6, this Court is not inclined to grant anticipatory bail. Hence, this petition is dismissed in respect of the other petitioners/A1, A2, A4, A5, &A6.
sd/- 13/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE THIRUVADANAI, RAMANATHAPURAM DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUVADANAI, RAMANATHAPURAM DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.32794
ORDER
IN CRL OP(MD) No.13953 of 2017 Date :13/10/2017 PK/CM-MSA/SAR-2/23.10.2017 : 3P/6C