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Madras High CourtCRL OP(MD)/9347/2015ordered

Sudalaimuthu v. The Inspector Of Police

2015-06-03Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9347 of 2015 1 SUDALAIMUTHU 2 M. JOTHI CHIDAMBARAM 3 N. MANIKANDAN ... PETITIONERS / ACCUSED NOS.3,4 & 6 Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION NAGERCOIL, KANIYAKUMARI DISTRICT CRIME NO.18 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.ALAGU SUNDAR Advocate For Respondent : MR.K.V.RAJARAJAN, 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 A-3, A-4 and A-6 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 498(A) of I.P.C and Section 4 of Dowry Prohibition Act in Crime No.18 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the accused have demanded Rs.2,00,000/- and 20 sovereigns of gold jewels from the defacto complainant and harassed her.

3. The learned counsel for the petitioners submitted that the petitioners 1 and 2 are husband and wife and the third petitioner is the friend of the first accused. It is further submitted that the first petitioner is the brother of A-1 and they are living separately and due to ulterior motive, all the family members have been implicated in this case.

4. The learned Government Advocate(Crl. Side) submitted that the first accused is the husband of the defacto complainant and the second accused is the mother-in-law and both of them are still at large. It is further contended that the accused have demanded dowry and harassed the defacto complainant.

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 be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Boothapandi, Kanyakumari District and on executing a separate 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m. For a period of two weeks. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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6. The petitioner 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/- 03/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE BOOTHAPANDI, KANYAKUMARI DISTRICT 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION NAGERCOIL, KANIYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to Mr.S.AlaguSundar, Advocate SR.No.28134 Sm:09.06.2015:2P/6C

ORDER

IN CRL OP(MD) No.9347 of 2015 Date :03/06/2015 https://hcservices.ecourts.gov.in/hcservices/