Kasinathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17422 of 2017 1 KASINATHAN 2 BANUMATHI 3 RAMAKRISHNAN 4 RAMALAKSHMI ... PETITIONERS/ ACCUSED NOS. 2 TO 5 Vs STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT.

CRIME NO. 15/2017.

... RESPONDENT / COMPLAINANT For Petitioners: M/S.C.SUSIKUMAR, Advocate for M/S.P.BALASUBRAMANIAN Advocate For Respondent : M/S.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/A2 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498 (A), 506(i) of IPC., r/w Section 4 of Tamil Nadu Prohibition Women Harassment Act and Section 4 of Dowry Prohibition Act, in Crime No.15 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is none other than the daughter-in-law of the first and second petitioner and other petitioners are in-laws. The defacto complainant and the petitioner was solemnized in the year 2011. Thereafter, the petitioner and other accused persons harassed the defacto complainant for demanding additional dowry. Hence, the defacto complainant gave a complaint before the respondent police as against the petitioner.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that they did not dispute the facts submitted by the learned counsel for the petitioners.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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.I, Sivagangai, Sivagangai District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each 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 third petitioner/accused no.4 shall report before the respondent police, daily at 10.30 a.m., for a period of four weeks and first, second and fourth petitioners/A2, A3 and A5 shall report before the respondent police as and when required;

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv)the petitioners shall not commit any offence while on bail;

(v)the petitioners 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 petitioners in accordance with law and the bail granted stands cancelled automatically.

sd/- 19/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI, SIVAGANGAI DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.L.SIVA, Advocate SR.No.36821

ORDER

IN CRL OP(MD) No.17422 of 2017 Date :19/12/2017 MS/VC/SAR.1/22.12.2017/3P.6C