Shyam Britto v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fifth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9771 of 2015 1 SHYAM BRITTO 2 JOSEPH JEYARAJ 3 FATHIMA MARY ... PETITIONERS/ACCUSED NOS.1,2 AND 3 Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, DINDIGUL DISTRICT.
CR. NO.12/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.PALANIVELAYUTHAM Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) For Intervenor : MR.T.LENIN KUMAR,Advocate 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 3 in Crime No.12 of 2015 on the file of the respondent police apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 498(A) IPC and Section 4 of Dowry Prohibition Act., and hence, seek anticipatory bail.
2.According to the defacto complainant, the accused have demanded 20 sovereigns of gold jewels and Rs.2 lakhs additional dowry and harassed the defacto complainant.
3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this Case. He has further submitted that the marriage between the defacto complainant and the first accused is a love marriage and there is absolutely no material to prove that they demanded dowry. 4.The learned counsel for the intervenor and the learned Government https://hcservices.ecourts.gov.in/hcservices/ Advocate (Crl.Side) opposed for granting of anticipatory bail to the petitioners. The learned Government Advocate (Crl. Side) further
submitted that the respondent has completed investigation and also filed charge sheet in this case, which is taken on file in C.C.No.330 of 2015 on the file of the Judicial Magistrate Court No.II, Dindigul. 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 No.II, Dindigul and on each of them 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 petitioners shall appear before the respondent police as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6. The petitioners 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/- 25/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II,DINDIGUL.
2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL. 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, DINDIGUL DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1. CC to M/S.S.PALANIVELAYUTHAM Advocate SR.No.49284 +1. CC to M/S.T.LENIN KUMAR, Advocate SR.No.48950 ORDER IN CRL OP(MD) No.9771 of 2015 Date :25/08/2015 PA/AMF/-SAR-I/28.08.2015/2P/7C https://hcservices.ecourts.gov.in/hcservices/