Madras High CourtCRL OP(MD)/9750/2015ordered

M.Duraisamy v. The Inspector Of Police

2015-06-04Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9750 of 2015 M.DURAISAMY ... PETITIONER/ACCUSED No.2 Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TALLAKULAM, CR.NO. 21/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.BABU JAGANATH Advocate For Respondent : Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A.2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 406 I.P.C. and Section 4 of Dowry Prohibition Act in Crime No.21 of 2015, on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the accused demanded dowry of Rs.30 Lakhs to secure employment for the first accused and also misappropriated five sovereigns of gold jewels of the defacto complainant.

3. The learned Counsel for the petitioner submitted that the petitioner is the brother of the first accused and there was a matrimonial dispute between the first accused and his father-in-law and therefore, the first accused was attacked by his father-in-law on 20.04.2015 and he was taking treatment as inpatient from 24.04.2015 to 27.04.2015 and despite a complaint was lodged against the father-in-law of the first accused, the respondent police shall not register the case. The learned Counsel further submitted that the petitioner is a permanent resident of Chennai and has been falsely roped in this case.

4. The learned Government Advocate(Crl.Side) submitted that the accused demanded dowry from the defacto complainant and also harassed her.

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5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6.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.II, Madurai and on his 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 on two Saturdays and Sundays at 10.00a.m.and thereafter as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7.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/- 04/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.II,MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE,MADURAI 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TALLAKULAM 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9750 of 2015 Date :04/06/2015 AA/09.06.2015/2p - 5c/ https://hcservices.ecourts.gov.in/hcservices/