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Madras High CourtCRL OP(MD)/17634/2017granted

Ramaraj, S/O.Rengasamy, v. The Sub Inspector Of Police,

2017-12-21Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17634 of 2017 1 RAMARAJ 2 CHELLAMMAL 3 DHANAPAL ... PETITIONERS/ ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, THURAIYUR POLICE STATION, TRICHY DISTRICT.

CRIME NO.539 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioners: M/S.D.SHANMUGARAJA SETHUPATHI, 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, who are arrayed as Accused, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 304(B) and 201 of I.P.C., in Crime No.539 of 2017, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant's daughter and A1 fell in love and subsequently, the marriage between them was solemnized in the year 2015 and they were blessed with male child. Thereafter, A1 demanded additional dowry from his wife.

Due to the torture mounted by A1, the defacto complainant's daughter committed suicide on 14.12.2017. Thereby, the defacto complainant lodged a complaint before the respondent police implicating these petitioners and other accused for the above said offences. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution. He would further submit that there is no allegation against the petitioners.

4.The learned Government Advocate (Criminal side) appearing for the State submitted that A1 was still in custody and the petitioners herein are the deceased person's in-laws.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Criminal side), I am 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, Thuraiyur, Thiruchirappalli 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 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 petitioners 1 and 3 shall report before the respondent police, daily at 10.30 a.m., until further orders;

(ii) the second petitioner shall report before the respondent police, as and when required for interrogation;

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

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

(vii) 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 anticipatory bail granted stands cancelled automatically.

sd/- 21/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, THURAIYUR, THIRUCHIRAPPALLI DISTRICT.

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

3. THE SUB INSPECTOR OF POLICE, THURAIYUR POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S.D.SHANMUGARAJA SETHUPATHI Advocate SR.No.36753

ORDER

IN CRL OP(MD) No.17634 of 2017 Date :21/12/2017 MS/RR/SAR.4/27.12.2017/3P.6C