Kanthammal, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fifth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12648 of 2016 1 KANTHAMMAL 2 MAHESWARI 3 MURUGESWARI 4 MURUGAN ... PETITIONERS/ACCUSED NO.2 TO 5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR, MADURAI DISRICT.
CRIME NO.108 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S K.MARIYAPPAN Advocate For Respondent : MR.P.KANNITHEVAN, Govt. 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 Accused No.2 to 5, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A) and 406 of IPC, in Crime No.108 of 2015, on the file of the respondent police and hence, seeks anticipatory bail.
2.The case of the prosecution is that A1 is the husband of the defacto complainant. At the time of marriage the parents of the defacto complainant gave 19 sovereigns of gold jewels, two wheeler and household articles worth about Rs.1 lakh. After the marriage, the accused persons harassed the de facto complainant by demanding additional dowry. On complaint, case has been registered for the above said offences.
3.The case of the petitioners is that the petitioners are inlaw of the defacto complainant and they are innocent persons and they have not committed any offences as alleged by the prosecution. 4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the petitioners and A1 demanded additional dowry and tortured the defacto complainant. 5.Considering the facts 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 https://hcservices.ecourts.gov.in/hcservices/
the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Melur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties 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 petitioners shall report before the respondent Police as and when required for interrogation. (ii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioners shall not abscond either during investigation or trial.
(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 as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the conditions or not.
sd/- 25/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,MELUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE,ALL WOMEN POLICE STATION, MELUR, MADURAI DISRICT.
4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S K.MARIYAPPAN Advocate SR.No.39606 AM CSL/GSV-PM/SAR-III/27.07.2016 : 2P/6C
ORDER
IN CRL OP(MD) No.12648 of 2016 Date :25/07/2016 https://hcservices.ecourts.gov.in/hcservices/