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Madras High CourtCRL OP(MD)/3661/2017ordered

Chellaperumal, v. The Inspector Of Police,

2017-03-28Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3661 of 2017 Mr.CHELLAPERUMAL ... PETITIONER/ 1st ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KANYAKUMARI, KANYAKUMARI DISTRICT.

(CR.NO.10 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.N.DILIP KUMAR Advocate For Respondent : M/S S.PRABHA, 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 A-1, in Crime No.10 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498-A, 406 and 506(i) of IPC and Section 4 of Dowry Prohibition Act and hence, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent/State. 3.The case of the prosecution is that the defacto complainant is the wife of the petitioner/A1 and that the petitioner along other accused are harassing the defacto complainant by demanding dowry. 4.The learned counsel appearing for the petitioner states that the petitioner is innocent and he has nothing to do with the alleged occurrence.

5.The learned Government Advocate (Crl. Side) on instructions would submit that the investigation has been completed and charge sheet has been filed before the learned Judicial Magistrate No.III, Nagercoil, Kanyakumari District.

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5.Considering the facts and circumstances of the case and also considering the fact that the investigation has been completed and charge sheet has been filed, 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 before the learned Judicial Magistrate No.III, Nagercoil, Kanyakumari District and on his 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 concerned Magistrate daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.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/- 28/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.III, NAGERCOIL.

2.DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

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

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

+1. CC to M/S.N.DILIP KUMAR Advocate SR.No.18538 ORDER IN CRL OP(MD) No.3661 of 2017 Date :28/03/2017 MS/CM.MSA/SAR.2/28.03.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/