Suresh v. The State Rep.By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12816 of 2016 1 SURESH 2 RAMACHANDRAN 3 PITCHAYEE 4 SUGANYA ..PETITIONERS/ACCUSED 1 to 4 Vs.
THE STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT.
CRIME NO.12 OF 2016 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.S.PUGALENDHI Advocate For Respondent : Mr.P.KANNITHEVAN, 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 Accused Nos.1 to 4 apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b), 506(ii), 406 IPC and Section 4 of Dowry Women Harassment Act, in Crime No.12 of 2016, on the file of the respondent police and hence, seek anticipatory bail.
2.The case of the prosecution is that A.1 is the husband of the de facto complainant. After marriage, the accused persons harassed the de facto complainant demanding more dowry and abused her in filthy language. On complaint case has been registered for the above said offences.
3.The case of the petitioners is that they are innocent persons and they have not committed any offence as alleged by the prosecution. The petitioners 2 to 4 are only in-laws of the de facto complainant. A false case has been foisted against the petitioners.
4.The learned Government Advocate (Criminal side) submitted that after marriage, all the petitioners demanded 20 sovereigns of gold jewels from the de facto complainant and investigation is pending.
5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, they are ordered to be released on bail in the event of arrest or on their appearance, within a period https://hcservices.ecourts.gov.in/hcservices/
of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Sivagangai, Sivagangai District, on condition that each of 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(i) the first petitioner shall report before the respondent Police daily at 10.00 a.m. until further orders and the petitioners 2 to 4 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 first petitioner is complying with the conditions or not.
sd/- 28/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI. 3 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT.
+1. CC to M/S.S.PUGALENDHI Advocate SR.No.40311 ORDER IN CRL OP(MD) No.12816 of 2016 Date :28/07/2016 PBK/ARK-PV/SAR-III 01/08/2016 ::2P-6C::
https://hcservices.ecourts.gov.in/hcservices/