Meyappans/O Palaniyappan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.15615 of 2016 MEYAPPAN ... PETITIONER / ACCUSED No.4 Vs State THE INSPECTOR OF POLICE, KARAIKUDI ALL WOMEN POLICE STATION, SIVAGANGAI DISTRICT CR.NO. 9 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.KANNAN 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 petitioner, who is arrayed as Accused No.4, apprehends arrest at the hands of the respondent police for the offences punishable under Section 498(A) altered into 498(A), 494 IPC and Section 4 of TNWH Act, in Crime No.

9 of 2016, on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the marriage between the first accused and defacto complainant was solemnized on 08.02.2009. Out of the wedlock, a female child was born. After the marriage, the petitioner along with other accused harassed the defacto complainant demanding more dowry and due to that, the defacto complainant is living separately in her parental home. The defacto complainant came to know that the accused persons arranged second marriage for the first accused/husband. On complaint, a case has been registered for the above said offences.

3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and the petitioner is the elder brother of A.1. 4.The learned Government Advocate (Criminal Side) submitted that investigation has been completed and charge sheet has been filed and taken on file in C.C.No.212 of 2016 before the learned Judicial Magistrate, Karaikudi.

5.Considering the facts and circumstances of the case and also considering the fact that charge sheet has been filed and taken on file in C.C.No.212 of 2016, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the https://hcservices.ecourts.gov.in/hcservices/

event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Karaikudi, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioner shall report before the said Court in all future hearings regularly.

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 petitioner is complying with the conditions or not. sd/- 24/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI 2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE, KARAIKUDI ALL WOMEN POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.KANNAN Advocate SR.No.47494 sm:KP:SAR I:01/09/2016:2P/6C

ORDER

IN CRL OP(MD) No.15615 of 2016 Date :24/08/2016 https://hcservices.ecourts.gov.in/hcservices/