Barath Arnald v. The Inspector Of Police
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.13154 of 2016 1 BARATH ARNALD 2 RAVICHANDRAN 3 VIJAYALAKSHMI 4 SOUNDARYA ... PETITIONERS / ACCUSED NO.1 TO 4 Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, BODINAICKANOOR, THENI DISTRICT.
(CRIME. NO.7/2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S J.LAWRANCE Advocate For Respondent : MR.P.KANNITHEVAN, 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 accused, apprehend arrest at the hands of the respondent police for an alleged offence punishable under Section 498(A), 406 and Section 4 of Dowry Prohibition Act in Crime No.7 of 2016, seek anticipatory bail.
2. The case of the prosecution is that the petitioners along with other accused demanding additional dowry of Rs.1,50,000/- and 20 sovereigns of gold jewels from the defacto complainant and tortured her both mentally and cruelly. On complaint, a case has been registered against the petitioners.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) submitted that the investigation of the case is pending.
5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Bodinayakkanur, Uthamapalayam, Theni District and on condition that each of the https://hcservices.ecourts.gov.in/hcservices/
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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
[a] the first petitioner shall report before the respondent police daily at 10.00 am until further orders and the other petitioners shall appear before the respondent Police as and when required for interrogation.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners shall not abscond either during investigation or trial.
[d] 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 petitioners are complying with the condition 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, BODINAYAKKANUR, UTHAMAPALAYAM 2 DO THE THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, BODINAICKANOOR, THENI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADRAS HIGH COURT OF MADURAI BENCH, MADURAI +1. CC to M/S J.LAWRANCE Advocate SR.No.40495
ORDER
IN CRL OP(MD) No.13154 of 2016 Date :28/07/2016 TRP SME/SKS-RR/SAR-I/01/08/2016 :2P/6C https://hcservices.ecourts.gov.in/hcservices/