Sathiyakumar @ Balamurali v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Nineteenth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.15286 of 2016 1 SATHIYAKUMAR @ BALAMURALI 2 KANNAN 3 USHA 4 SARAVANAN 5 SATHIYA @ KARTHIKA ... PETITIONERS/ACCUSED No.1 TO 5 Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION,THIRUMANGALAM, MADURAI DISTRICT.
CR. NO.58/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.PALANI VELAYUTHAM Advocate For Respondent : MR.P.KANNITHEVAN, Govt. 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 Nos.1 to 5, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 406 and 307 IPC and also under Section 4 of Dowry Prohibition Act, 1961, in Crime No.58 of 2016, on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that the marriage between the defacto complainant and A.1 was solemnized on 10.07.2013. Due to wordy quarrel between the accused on account of demand of dowry, on 10.05.
2014, the second and third petitioners caught hold of the defacto complainant and the first petitioner attempted to set fire on her and subsequently, she was taken by him to the hospital and the first petitioner also sustained burn injuries. She got treatment in the hospital and she was promised by the first petitioner and his family members that after getting cured from the burn injuries, she would be taken to matrimonial home. Now, two years elapsed and the first petitioner did not get back her to the matrimonial home and also demanded more dowry for reunion. On complaint case has been registered for the above said offences.
3.The case of the petitioners is that they are innocent persons and they have not committed any offence as alleged by the prosecution and the first petitioner is the husband and the petitioners 2 to 5 are the in-laws of the defacto complainant.
4.The learned Government Advocate (Criminal side) submitted that investigation is pending.
https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain
conditions. Accordingly, they 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, Thirumangalam, Madurai District, on condition that each of the petitioners 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 first petitioner shall report before the respondent Police daily at 10.00 a.m. until further orders and the petitioners 2 to 5 shall report before the respondent Police as and when required for interrogation.
(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/- 19/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,THIRUMANGALAM,MADURAI DISTRICT. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE,ALL WOMEN POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1. CC to M/S.S.PALANI VELAYUTHAM Advocate SR.No.45824
ORDER
IN CRL OP(MD) No.15286 of 2016 Date :19/08/2016 PA/SKS-RR/SAR III/24.08.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/