G.Gunaraja, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3793 of 2017 G.GUNARAJA ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE, BAZAAR POLICE STATION, RAMANATHAPURAM.
CRIME NO.103 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.MUTHU Advocate For Respondent : MRS.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 the sole accused in Crime No.103 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 307 and 379(NH) of IPC 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 was married to the petitioner on 15.08.2015 and that in an inebriated mood, the defacto complainant demanded dowry and taken a sum of Rs.50,000/- and snatched her ATM card and also taken away three sovereigns of jewels.
4.Per contra, the learned counsel for the petitioner submitted that the petitioner himself is a real victim and there is no matrimonial relationship between the petitioner and the defacto complainant at any point of time. The defacto complainant is a married woman and have two children and that the defacto complainant's brothers are compelling the petitioner to marry her. https://hcservices.ecourts.gov.in/hcservices/
5.Considering the facts and circumstances of the case and also considering the fact that it is a matrimonial dispute, 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.I, Ramanathapuram 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 respondent police daily at 10.30 a.m. until further orders, for interrogation. 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/- 04/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I,RAMANATHAPURAM. 2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE, BAZAAR POLICE STATION, RAMANATHAPURAM.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.G.MUTHU Advocate SR.No.19221 RJ2 CSL/BS/SAR-II/07.04.2017 : 2P/6C
ORDER
IN CRL OP(MD) No.3793 of 2017 Date :04/04/2017 https://hcservices.ecourts.gov.in/hcservices/