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Madras High CourtCRL OP(MD)/3947/2017ordered

Valliammal, v. The Inspector Of Police,

2017-04-06Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3947 of 2017 1 VALLIAMMAL, 2 POOPATHI, 3 PITCHAIMANI, 4 MEENA @ MEENATCHI, 5 PARAMESHWARI, 6 THANGAM @ THANGARAJ, 7 MARIMUTHU, 8 SAKTHIVEL @ SAKTHI, 9 THAIYUMANAVAN, ... PETITIONERS / ACCUSED No.2 to 10 Vs State represented by THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT.

IN CRIME NO.2 OF 2016. RESPONDENT / COMPLAINANT For Petitioner : M/S.P.T.RAMESH RAJA 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 petitioners, who are arrayed as A2 to A10 in Crime No.2 of 2016 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) IPC r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and Section 4 of the Tamil Nadu Dowry Prohibition Act and hence, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.

The learned counsel for the petitioners submitted that the allegation against the petitioners is that they harassed and illtreated her by demanding dowry. The petitioners are in-laws of the defacto complainant. The defacto complainant and A1 were living in Singapore. The petitioners have been living in Tamil Nadu at different places. The petitioners have been falsely implicated in this case. They have not committed any offence as alleged in the complaint.

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4.The learned Government Advocate appearing for the respondent / Police submitted that this Court has already granted interim stay of the further proceedings in Crime No.2 of 2016, by order dated 11.02.2016 in Crl.M.P.(MD).No.1220 of 2016 in Crl.O.P. (MD).No.2464 of 2016.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Sattur and on each 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 petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioners 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/- 06/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, SATTUR 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.P.T.RAMESH RAJA Advocate SR.No.50527 SM:PM-PN:SAR 4:11.4.2017:2P/6C

ORDER

IN CRL OP(MD) No.3947 of 2017 Date :06/04/2017 https://hcservices.ecourts.gov.in/hcservices/