Madras High CourtCRL OP(MD)/16770/2016ordered

Arunkumar, v. The Inspector Of Police,

2016-09-08Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.16770 of 2016 1 ARUNKUMAR 2 SAVITHIRI 3 SEENI 4 THAMAYANDHI ... PETITIONERS / ACCUSED A1 to A4 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KOVILPATTI, TUTICORIN DISTRICT IN CRIME NO.12 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.SUBBARAJ Advocate For Respondent : Mr.Rajarajan, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners / A1 to A4 pray for grant of anticipatory bail under Section 438 of Cr.P.C. for offences punishable under Sections 498(A), 294(b), 406 and 506(ii) of IPC and r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and Section 4 of Dowry Prohibition Act, 1961 in Crime No.12/2016 on the file of respondent police.

2. The case of the prosecution is that petitioners tortured the defacto complainant both mentally and cruelly on demanding additional dowry.

3. The learned counsel for the petitioners submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.

4. Learned Government Advocate (Crl. Side) submits that it is a matrimonial dispute and the investigation is pending.

5. 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;

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(b) In the event of appearance before the learned Judicial Magistrate No.I, Kovilpatti, Tuticorin District 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) The first petitioner shall report before the respondent police daily at 10.30 a.m for two weeks and thereafter he shall be available for interrogation as and when required and the other petitioners shall be available for interrogation as and when required.

sd/- 08/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I KOVILPATTI, TUTICORIN DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE TUTICORIN 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KOVILPATTI, TUTICORIN DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.SUBBARAJ Advocate SR.No.51038 JAM/CK/15.09.16/ 2p-6c

ORDER

IN CRL OP(MD) No.16770 of 2016 Date :08/09/2016 https://hcservices.ecourts.gov.in/hcservices/