Vetriselvan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirteenth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9715 of 2015 VETRISELVAN ... PETITIONER/SOLE ACCUSED Vs.
THE STATE OF TAMIL NADU, THE INSPECTOR OF POLICE AVANIAPURAM POLICE STATION, MADURAI.
IN CRIME NO. 757 OF 2015.
... RESPONDENT/ COMPLAINANT For Petitioner : M/S.V.P.RAJAN Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) For Intervenor : MR.G.KARUPPASAMY PANDIAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who is arrayed as A1 apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 147,498(A) and 4 of TNDP Act and 506(ii) of IPC in Crime No.757 of 2015, on the file of the respondent police, seeks anticipatory bail.
2. According to the de facto complainant, she married the first accused about 15 years ago and at that time she had given 15 sovereigns of Gold jewels and household articles worth about Rs.5,00,000/- as "Seethana" and thereafter, the accused started harassing her by demanding more dowry and on 19.05.2015, all the accused joined together and demanded Rs.4,00,000/- from the de facto complainant and also scolded her. Therefore, she inflicted herself with knife and got three injuries on her hand pursuant to which, she was admitted in the hospital.
3. The learned counsel for the petitioner submitted that out of wedlock, the petitioner and his wife were blessed with two children and they are studying in 8th and 10th Standard respectively and they are in the custody of the first accused. He further submitted that due to matrimonial dispute, after 15 years of their marriage, a false complaint was given, by implicating all the parties in the case.
4. The learned counsel for the intervenor submitted that the first accused treated the petitioner cruelly by way of demanding more dowry. On 19.05.2015, due to unbearable torture meted out by her, she herself inflicted three injuries with knife and the accused did not attempt to save her life or see her either in the hospital or in her house. He further submitted that the accused has withheld 15 Sovereign of jewels and articles worth about Rs.5,00,000/-. https://hcservices.ecourts.gov.in/hcservices/
5. The learned counsel for the petitioner submitted that the petitioner does not have the jewels of the de facto complainant and when he was ready to hand over the household articles, she refused the articles and all the jewels are with the de facto complainant.
6. Heard the learned Government Advocate (Crl. Side).
7. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No- VI, Madurai, and on executing 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 am and 5.00 pm until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
8. 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/- 13/08/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.VI MADURAI.
2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE AVANIAPURAM POLICE STATION, MADURAI.
+1. CC to M/S.V.P.RAJAN Advocate SR.No.46930 Akm/17.08.2015 /2p-6c/
ORDER
IN CRL OP(MD) No.9715 of 2015 Date :13/08/2015 https://hcservices.ecourts.gov.in/hcservices/