Masilamani v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of September Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.16318 of 2016 MASILAMANI ... PETITIONER / 1st ACCUSED Vs The State by THE INSPECTOR OF POLICE, AWPS, NILAKOTTAI, DINDIGUL DISTRICT CR. NO. 3 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.VENKATESH 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.1, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 323, 294(b), 354 and 506(i) IPC and Section 4 of Dowry Prohibition Act, in Crime No.

3 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 petitioner and the defacto complainant was solemnized on 11.03.2012. In the wedlock, a male child was born. After the marriage, the petitioner along with other accused harassed the defacto complainant demanding more dowry and tortured her both physically and mentally. On complaint 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.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the co-accused in this case were already granted anticipatory bail by this Court, on 04.02.2016, in Crl.O.P.(MD) No.1909 of 2016 and investigation is pending. 5.Considering the facts and circumstances of the case, 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 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, Nilakottai, 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: https://hcservices.ecourts.gov.in/hcservices/

(i) the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders. (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/- 01/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NILAKOTTAI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE, AWPS, NILAKOTTAI, DINDIGUL DISTRICT.

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

+1. CC to M/S.D.VENKATESH Advocate SR.No.49414 sm:GSV-PM:SAR III:12/09/2016:2P/6C

ORDER

IN CRL OP(MD) No.16318 of 2016 Date :01/09/2016 https://hcservices.ecourts.gov.in/hcservices/