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Madras High CourtCRL OP(MD)/14098/2016dismissed

Nathiya v. The Inspector Of Police

2016-08-16Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.14098 of 2016 1 NATHIYA 2 ANJALAI DEVI 3 MAHESWARAN 4 NAGU 5 GANESAN 6 RAMAN 7 MEIYAMMAL ...PETITIONERS/ACCUSED 2 to 8 Vs THE STATE REP. BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ALANGUDI, PUDUKKOTTAI DISTRICT.

IN CRIME NO. 7 OF 2016 ...RESPONDENT/COMPLAINANT For Petitioner : M/S A.BANUMATHY Advocate For Respondent : 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 Nos.2 to 8, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 406, 494 read with 109 IPC, in Crime No.7 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the marriage between the defacto complainant and A.1 was solemnized on 02.06.2003. At the time of marriage, the parents of the defacto complainant has given sreedhana articles to the defacto complainant and a sum of Rs.2,00,000/- as dowry to the first petitioner. Two children were born in the wedlock. From the date of marriage, A.1 with his family members tortured the defacto complainant both physically and mentally and demanded more dowry and thrown her out from the matrimonial home. Hence, the defacto complainant has given a complaint before the all Women Police Station, Alangudi. While so, on 11.07.2016, the petitioners 2 to 7 have made arrangement for the marriage of the husband of the defacto complainant with the first petitioner. On complaint case has been registered for the above said offences.

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3.The case of the petitioners is that the second petitioner is the mother-in-law, the third petitioner is the brother-in-law and the fourth and fifth petitioners are the relatives of the defacto complainant and the sixth and seventh petitioners are the parents of the first petitioner and they are innocent and they have not committed any offence as alleged by the prosecution. 4.The learned Government Advocate (Crl.Side) submitted that the petitioners 2 to 7 have made arrangement for the marriage of the husband of the defacto complainant with the first petitioner, while the marriage between the defacto complainant and A.1 is subsisting and the investigation is pending and raised objection to grant anticipatory bail to the petitioners.

5.Considering the serious nature of allegation levelled against the petitioners, this Court is not inclined to grant anticipatory bail to the petitioner and accordingly, this Criminal Original Petition is dismissed.

sd/- 16/08/2016 / 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, ALANGUDI, PUDUKKOTTAI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.14098 of 2016 Date :16/08/2016 ps SD/SK.SKN/SAR1/24.08.2016/2P/3C https://hcservices.ecourts.gov.in/hcservices/