Madras High CourtCRL OP(MD)/16093/2017closed

Edwin Jose v. The Inspector Of Police,

2017-11-27Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16093 of 2017 1 EDWIN JOSE 2 REGINI BAI 3 VIJAYARANI ... PETITIONERS/ACCUSED (RANK NOT KNOW) Vs STATE REP.BY, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, CHOLCHEL, KANYAKUMARI DISTRICT, CRIME NO.NOT KNOWN OF 2017 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.K.KULANTHAI VICKRAM Advocate For Respondent : MR.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/accused rank not known, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 498-A and Section 4 of Dowry Prohibition Act in Crime No.Not Known of 2017, on the file of the respondent police seek anticipatory bail.

2.The case of the prosecution is that the complainant namely one Gomesjeni lodged a complaint dated 06.11.2017 before the respondent police stating that she is a divorcee and she married the 1st petitioner on 18.04.2017. It is alleged that she is being harassed by the 1st petitioner for want of further dowry on the instigation of the 2nd and 3rd petitioners who are the monther-in-law and sister-in-law of the defacto complainant. Hence, the present complaint was lodged.

3.The learned counsel appearing for the petitioner is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The defacto complainant made false allegations against the petitioners and lodged a false complaint against them.

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4. The learned Government Advocate (Criminal side) appearing for the State, on instructions, would submit that based on the direction of the Hon'ble Supreme Court and as per the direction of this Court, each and every District have formed a District Level Committee in order to settle the issues related to Section 498(A) of IPC cases. Accordingly, the case was referred to the District Level Committee for proper decision. Hence, this anticipatory bail petition is pre-matured one.

5. Recording the statement made by the learned Government Advocate (Crl. Side), this Criminal Original Petition is closed as pre-matured. However, if any adverse order passed by the District Level Committee, it is open to the petitioners to work out the remedy in the manner known to law.

sd/- 27/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, CHOLCHEL, KANYAKUMARI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.K.KULANTHAI VICKRAM Advocate SR.No.35270

ORDER

IN CRL OP(MD) No.16093 of 2017 Date :27/11/2017 PK/RR/SAR-1/06.12.2017 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/