Chandrakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13523 of 2016 1 CHANDRAKUMAR 2 JEYALAKSHMI 3 SIVAKAMI 4 MARUTHAMUTHU 5 MAITHILI @ BABY ... PETITIONERS/ACCUSED NO. 1 TO 5 Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION,DINDIGUL.

CRIME NO. 21 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S M.MOHAMED RAFI 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 apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 498(A), 294(b), 494 and 506(i) of IPC Crime No.21 of 2016, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant and the first petitioner married on 03.01.2014 and after marriage, the first petitioner demanded additional dowry from the defacto complainant. 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. He further submitted that the defacto complainant is a married lady aged about 40 years and the husband of the defacto complainant died on 03.10.2014, three years back and no marriage took place between the defacto complainant and first petitioner and prays for granting anticipatory bail in favour of the petitioners.

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4. The learned Government Advocate (Crl. Side) submitted that 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 No.II, Dindigul on condition that each of the 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 petitioners 2 to 5 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/- 02/08/2016 / 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 THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION,DINDIGUL.

4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S M.MOHAMED RAFI Advocate SR.No.41502

ORDER

IN CRL OP(MD) No.13523 of 2016 Date :02/08/2016 AA/ARK-PV/SAR-III/05.08.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/