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Madras High CourtCRL OP(MD)/9789/2015allowed

Vimalraj v. The Inspector Of Police

2015-07-22Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9789 of 2015 VIMALRAJ ... PETITIONER/ 1st ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, (AWPS), COLACHEL, KANYAKUMARI DISTRICT. CR. NO. 10/2014. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.SURESH Advocate For Respondent : M/S.K.V.RAJARAJAN 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 A1, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A) and 506(i) of I.P.C., r/w Sections 4 and 6 of Dowry Prohibition Act in Crime No.10 of 2014 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the accused have demanded Rs.2 lakhs and gold jewels as additional dowry and harassed the de-facto complainant.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the de-facto complainant. He further submitted that the petitioner is willing to reunion with the de-facto complainant, but, she is not interested and as per the direction of this Court, the petitioner had appeared before the Mediation and Conciliation Centre thrice, however, the de-facto complainant had appeared only once before the Mediation Centre informed that expressed she is not willing to reside with the de-facto complainant.

4.Heard the learned Government Advocate (Crl.side) appearing for the State.

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

https://hcservices.ecourts.gov.in/hcservices/ 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the Judicial Magistrate Court,

Eraniel, Kanyakumari District 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 a.m. for period of two weeks. 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/- 22/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, ERANIEL.

2 THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL. 3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, (AWPS), COLACHEL, KANYAKUMARI DISTRICT.

+1. CC to M/S.R.KARUNANIDHI, Advocate SR.No. 40204. TS/23.07.2015/2P - 6C

ORDER

IN CRL OP(MD) No.9789 of 2015 Date :22/07/2015 https://hcservices.ecourts.gov.in/hcservices/