Ashok v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17378 of 2017 ASHOK ... PETITIONER/1ST ACCUSED Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TALLAKULAM,MADURAI CITY, CRIME NO. 33/2017.
... RESPONDENT/ COMPLAINANT For Petitioner : M/S.M.SOLAISAMY 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 petitioner/accused no.1, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498-A, 406 & 506(i) of I.P.C., in Crime No. 33 of 2017, seeks anticipatory bail.
2.The case of the prosecution is that the marriage between the petitioner and the defacto complainant was solemnized in the year 2007. After 10 years, the defacto complainant filed a complaint against the petitioner as if the petitioner demanded additional dowry for a sum of Rs.2,00,000/-, thereby, the petitioner tortured the defacto complainant on 15.04.2017. Against which, the defacto complainant filed a complaint before the respondent police.
3. The learned counsel appearing for the petitioner submitted that after 10 years, there is no allegation against the petitioner and the defacto complainant filed a complaint before the respondent police that shows there is no dowry harassing. He further submitted that petitioner is an innocent person and he did not commit any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal side) appearing for the State submitted that this Court already granted anticipatory bail to the other accused persons / accused no.2 and 4 in Crl.O.P. (MD)No.11978 of 2017 dated 14.09.2017. He further submitted that he
did not dispute the facts submitted by the learned counsel for the petitioner.
5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.Side), I am inclined to grant anticipatory bail to the petitioner, Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Additional Mahila Court (JM Level), Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;
(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(iii) the petitioner shall not commit any offence while on bail; (iv) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;
(v) the petitioner shall not abscond either during investigation or trial;
(vi) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law and the anticipatory bail granted stands cancelled automatically.
sd/- 18/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDGE, ADDITIOANL MAHILA COURT, (JUDICIAL MAGISTRATE LEVEL) MADURAI 2 DO THTHE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.
3 THE SUB INSPECTOR OF POLICE,ALL WOMEN POLICE STATION, TALLAKULAM,MADURAI CITY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.SOLAISAMY Advocate SR.No.36584 RMI GJM/PM/PN/SAR-I-21.12.2017-3P-6C
ORDER
IN CRL OP(MD) No.17378 of 2017 Date :18/12/2017