Madras High CourtCRL OP(MD)/1900/2017allowed

K.Senthilkumar, v. State Through

2017-02-22Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1900 of 2017 K.SENTHILKUMAR ... PETITIONER/ ACCUSED NO.1 Vs STATE THROUGH THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUCHENDUR POLICE STATION, THOOTHUKUDI DISTRICE.

CRIME NO.16 OF 2016. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.R.A.RAMACHANDHRAN Advocate For Respondent : Mr.P.KANDASAMY Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 406, 294(b) and 506(ii) of IPC., and Section 4 of Dowry Prohibition Act and Section 4 of Tamil Nadu Prevention of Women Harassment Act, in Crime No.16 of 2016, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the close relative of the petitioner herein. The petitioner herein have illegal relationship with A8 before the marriage and the other accused persons suppressed the above fact and the marriage was held between the petitioner and the defacto complainant. The defacto complainant warned the petitioner not to have any illegal relationship with A8. But, without hearing that, the other accused persons along with the petitioner demanded Rs.5,00,000/-, as additional dowry and the defato complainant was driven out from the matrimonial home on 21.08.2016.

3. The learned counsel appearing for the petitioner states that the petitioner never committed any offence, as alleged by the defacto complainant and she only voluntarily left the matrimonial home on 21.08.2016 with her own accord by quarrelling with the inlaws. The petitioner is working as Grade-II Constable at Sathankulam Police Station and he has filed HMOP No. 303 of 2016, before the Sub Court, Tuticorin on 18.10.2016, seeking dissolution of the marriage, on the ground of impotency and is pending. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (crl.side) appearing for the respondent states that there are totally eight accused in this case and the petitioner herein is A1 and the remaining accused were granted anticipatory bail except A7, who is a juvenile, who was directed by this Court to surrender before the Juvenile Justice Board and he was also surrendered and released on bail, on the same day.

5. Considering the above facts and circumstances of the case and also considering the fact that the remaining accused were granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Thiruchendur, on condition that the petitioner 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 the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the respondent police once in a week, ie., every Sunday at 10.30 a.m., until further orders, for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 22/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE THIRUCHENDUR.

2.-DO-THRO CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUCHENDUR POLICE STATION, THOOTHUKUDI DIST.

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

+1. CC to M/S.S.R.A. RAMACHANDHRAN Advocate SR.No.9846 MPK JS/MR/SAR.2/24.02.2017/2P-6C

ORDER

IN CRL OP(MD) No.1900 of 2017 Date :22/02/2017 https://hcservices.ecourts.gov.in/hcservices/