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Madras High CourtCRL OP(MD)/16947/2016ordered

Rajehs Babu v. The Inspector Of Police

2016-09-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16947 of 2016 RAJEHS BABU ... PETITIONER/ACCUSED No.1 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RAMNAD DISTRICT, CR NO. 22 OF 2016. RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.B.SENTHILKUMAR, ADVOCATE FOR RESPONDENT : Mr.A.P.BALASUBRAMANI, GOVERNMENT 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 alleged offences punishable under Sections 498(A), 294(b) and 506(i) IPC and Section 4 of TN Women Harassment Act, in Crime No.

22 of 2016 on the file of the respondent police and hence, seeks anticipatory bail. 2.The prosecution case is that the petitioner/A.1 married the defacto complainant on 06.09.2009 and subsequently, harassed her demanding additional dowry and also abused her in filthy language. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that due to matrimonial discard, the defacto complainant is living away from the first accused from 2013 and after three years, the present compliant has been given on 18.07.2016 with an ulterior motive. 4.The learned Government Advocate (Criminal Side) would submit that co-accused A.2 to A.5 were already granted anticipatory bail by the Sessions Court, Ramanathapuram.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considering the fact that co-accused were already granted

anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Ramanathapuram, and on executing 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

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

TO

1. THE JUDICIAL MAGISTRATE NO.1, RAMANATHAPURAM.

2. THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RAMNAD DISTRICT.

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

+1. CC to M/S.B.SENTHILKUMAR Advocate SR.No. 51224

ORDER

IN CRL OP(MD) No.16947 of 2016 Date :09/09/2016 PS TE/SS-3/SAR-III : 14/09/2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/