Parvathy, D/Omurugan, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.14721 of 2016 1 PARVATHY, 2 SUBRAMANIAN 3 AKILANDAM ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEERANUR, PUDUKKOTTAI DISTRICT (IN CRIME NO.5 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.SEKAR Advocate For Respondent : M/S.P.KANNITHEVAN, 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, apprehends arrest at the hands of the respondent police for the offences punishable under Section 498(A) IPC read with Section 4 of TNPHW Act, in Crime No.5 of 2015, on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the marriage between the de-facto complainant and Al was solemnized on 22.08.2012. At the time of marriage, the parents of the de-facto complainant gave 4 1/2 sovereigns of gold jewels and household articles to the de-facto complainant and 1/2 sovereign of gold ring and watch to A1. Two children were born in the wedlock. While so, on 22.01.2015, A1 demanded the signature of the de-facto complainant in a blank stamped paper. At that time, A2 to A4 pressurised the de-facto complainant to sign in the blank paper. When the de-facto complainant refused to sign, they have kept her in a locked house and pressurised her to give permission to A1 to marry the first petitioner/A6. Subsequently, the de-facto complainant came to know that on 10.06.2015, A1 married A6/first petitioner.

On complaint, a case has been registered for the offences stated above. 3.The case of the petitioners is that they are innocent persons and they have not committed any offence as alleged by the prosecution. Due to some previous enmity, the defacto complainant has given a false complaint against the petitioners. https://hcservices.ecourts.gov.

4.The learned Government Advocate (Crl. side) submitted that after completion of the investigation, charge sheet has been filed. 5.Considering the fact that the investigation is completed and the charge sheet has been filed, 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 District Munsif cum Judicial Magistrate, Keeranur, Pudukkottai District, on condition that each of them 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 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 shall report before the concerned Court daily at 10.30 a.m. until further orders. (ii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioners shall not abscond either during investigation or trial.

(iv) 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 conditions or not.

sd/- 12/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE KEERANUR, PUDUKKOTTAI DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEERANUR, PUDUKKOTTAI DISTRICT +1. CC to M/S.B.SEKAR Advocate SR.No.44373 RL/6C/2P/AAL/MPA/SARI/228/2016 ORDER IN CRL OP(MD) No.14721 of 2016 Date :12/08/2016 https://hcservices.ecourts.gov.in/hcservices/