Kaaleeswaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.8094 of 2015 1 KAALEESWARAN 2 MUNISELVI ... PETITIONERS / ACCUSED NOS.1 & 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE NATHAMPATTI POLICE STATION, SRIVILLIPUTHUR TK., VIRUDHUNAGAR DIST.
CRIME NO. 47 OF 2015.
... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.NIRESH KUMAR Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-1 and A-2 in Crime No.47 of 2015 on the file of the respondent police apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 323 and 498(A) of I.P.C and hence, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant has already filed a petition for maintenance before the Judicial Magistrate Court, Srivilliputhur and the accused have threatened her to withdraw the maintenance case and also harassed her demanding dowry.
3. The learned counsel for the petitioner submitted that even in the domestic violence petition, the defacto complainant has stated that both the husband and wife are living apart since 07.07.2013 and therefore, the entire allegation is false. The learned counsel further submitted that they are innocent persons and they have been falsely implicated in this case.
4. Heard the learned Government Advocate(Crl. Side) 5.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 https://hcservices.ecourts.gov.in/hcservices/
be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Srivilliputhur, and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common 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., for a period of two weeks and thereafter as and when required for interrogation and the second petitioner shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6. 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/- 21/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO.I,SRIVILLIPUTHUR. 2.THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR.
3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4.THE INSPECTOR OF POLICE NATHAMPATTI POLICE STATION, SRIVILLIPUTHUR TALUK. +1. CC to M/S.R.NIRESH KUMAR Advocate SR.No.39991
ORDER
IN CRL OP(MD) No.8094 of 2015 Date :21/07/2015 RG.23.07.2015 2P.6C.
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