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Madras High CourtCRL OP(MD)/14411/2017closed

Inbaraj v. The Inspector Of Police

2017-11-06Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14411 of 2017 1 INBARAJ 2 JASMINE SUGANTHA @ SUGANTHA ... PETITIONERS/ACCUSED No.2 & 3 Vs STATE THROUGH THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VALLIYOOR, TIRUNELVELI DISTRICT (CRIME NO.11 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SUBASH BABU Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) For Intervenor : MR.D.VENKATESH, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/accused Nos. 2 and 3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498-A of I.P.

C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.11 of 2017, on the file of the respondent police seek anticipatory bail. 2.The case of the prosecution is that the marriage between the defacto complainant and the first accused was solemnized on 14.09.2016. After marriage, the first accused and his family members harassed the defacto complainant for demanding additional dowry. Thereby the defacto complainant filed complaint before the respondent police.

3.The case of the petitioner is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the State, on instructions, would submit that based on the direction of the Hon'ble Supreme Court and as per the direction of this Court, each and every District have formed a District Level Committee in order to settle the issues related to Section 498(A) of IPC cases. Accordingly, the case was referred to the District Level Committee for proper decision. Hence, this anticipatory bail petition is prematured one. https://hcservices.ecourts.gov.in/hcservices/

5. Recording the statement made by the learned Government Advocate (Crl. Side), this Criminal Original Petition is closed as pre-matured. However, if any adverse order passed by the District Level Committee, it is open to the petitioners to work out the remedy in the manner known to law.

sd/- 06/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VALLIYOOR, TIRUNELVELI DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.SUBASH BABU Advocate SR.No.34025 +1 cc to MR.D.VENKATESH, Advocate SR.No.33978

ORDER

IN CRL OP(MD) No.14411 of 2017 Date :06/11/2017 SMA/RR/SAR-1/13.11.2017:2P/5C https://hcservices.ecourts.gov.in/hcservices/