Madras High CourtCRL OP(MD)/16371/2016disposed of

V.S. Pon Mahesh v. The Sub Inspector Of Police

2016-09-30Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.16371 of 2016 1 V.S. PON MAHESH 2 P. VALLI VEL 3 SIRONMANI 4 V.S. USHA 5 A. KALAISELVAN 6 SINGH ... PETITIONERS / ACCUSED Nos.1to6 Vs THE STATE OF REPRESENTED BY THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

(CRIME NO. NOT KNOWN OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.CHRISTOPHER Advocate For Respondent : Mr.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) For Intervenor : Mr.R.MANIMARAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners, who are arrayed as accused, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 498(A), 406 IPC and Sections 3 and 4 of Dowry Prohibition Act, on the file of the respondent police. 2.The case of the prosecution is that due to some matrimonial dispute, the de facto complainant preferred the present complaint against the petitioners.

3.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) and also the learned counsel for the intervenor.

4.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

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5.Learned Government Advocate (Crl. Side) submits that investigation is pending.

6.On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; (a)In the event of arrest by or on appearance before the respondent police;

(b)In the event of appearance before the learned Judicial Magistrate No.II, Nagercoil, within 15 days from the date of receipt of copy of the order, (i)petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; (ii)petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii)petitioners shall report before the concerned Court daily at 10.00 a.m. until further orders.

sd/- 30/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II NAGERCOIL 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL 3 THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.C.CHRISTOPHER Advocate SR.No.57552 JAM/06.10.16/pv-sar III/2p-6c

ORDER

IN CRL OP(MD) No.16371 of 2016 Date :30/09/2016 https://hcservices.ecourts.gov.in/hcservices/