K.Govindarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirteenth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1553 of 2017 1 K.GOVINDARAJAN 2 G.SAGUNTHALA 3 L.SELVARATHI ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THENI, THENI DISTRICT (CRIME NO. 2 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.VINOTHKUMAR Advocate For Respondent : MR.P.KANDASAMY Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent Police for the offence punishable under Sections 498(A), 294(b), 406, 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act and Section 4 of Tamil Nadu Dowry Harassment Act in Crime No.2 of 2017 on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution is that due to demand of additional dowry, the petitioners harassed the de facto complainant.

3.The learned counsel for the petitioners submitted that the petitioners are in-laws and the husband of the de facto complainant is working in abroad. He also submitted that the petitioners are innocent persons and they have been falsely implicated in this case and to due a dispute between A1 and the de facto complainant, the present complaint has been registered against the petitioners.

4.The learned Government Advocate (Crl.side) submitted that totally there are 4 accused and the petitioners are A2 to A4 in this case and investigation is pending.

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5.Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Theni, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a]the 3rd petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders and the petitioners 1 and 2 shall appear before the respondent Police as and when required as they are aged persons.

[b]the petitioners shall not tamper with evidence or witness either during investigation or trial. [c]the petitioners shall not abscond either during investigation or trial.

[d]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).

sd/- 13/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THENI 2 THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THENI, THENI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.R.VINOTHKUMAR Advocate SR.No.7837 GJM/MR/SAR-2-20.2.17-2P-6C

ORDER

IN CRL OP(MD) No.1553 of 2017 Date :13/02/2017 https://hcservices.ecourts.gov.in/hcservices/