Selvakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3968 and 3969 of 2017 SELVAKUMAR ... PETITIONER / ACCUSED NO.3 IN CRL OP(MD) No.3968 / 2017 NATHIYA ... PETITIONER / ACCUSED NO.5 IN CRL OP(MD) No.3969 of 2017 Vs STATE REP BY ITS THE INSPECTOR OF POLICE KOTTAMPATTI POLICE STATION, MADURAI DISTRICT CRIMENO.129/2017 ... RESPONDENT / COMPLAINANT IN BOTH THE PETITIONS For Petitioner : M/S.R.J.KARTHICK Advocate IN BOTH THE PETITIONS For Respondent : MR.A.RAMAR, Additional Public Prosecutor, IN BOTH THE PETITIONS For Intervenor : MR.PON KARTHIKEYAN, Advocate IN BOTH THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-3 and A-5, in Crime No.129 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 174(3) of Cr.P.C @ 498(A), 306 of I.P.C and hence, seek anticipatory bail.
2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State. 3.The learned Additional Public Prosecutor on instructions submitted that the marriage between the first accused and the deceased by name Anitha was solemnized in the year 2012. Out of wedlock, a female child was born. After a period of one year, the petitioner along with other accused said to have harassed and assaulted the deceased by demanding dowry. Due to that torture, the deceased committed suicide.
4. The learned counsel appearing for the petitioners submitted that there was a dispute among the family members regarding partition of properties for the past six years and a civil suit is also pending. He further submitted that the petitioners are the husband and wife and they are living in a separate place at Savarapati, but the deceased is said to have committed suicide at Karunkalakkudi.
5. Admittedly, the petitioners were living at Savarapatti, but the deceased is said to have committed suicide at Karunkalakkudi. 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, Melur, Madurai District and on each of them 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 in Crl.O.P(MD)No.3969 of 2017 shall appear before the respondent police as and when required for interrogation and the petitioner in Crl.O.P(MD)No.3968 of 2017 shall appear before the respondent police daily at 10.30 a.m., until further orders. 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.
7. Considering the serious nature of the case, the respondent police is directed to complete the investigation and file a charge sheet within a period of one month from the date of receipt of a copy of this order.
sd/- 12/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, MELUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3 THE INSPECTOR OF POLICE KOTTAMPATTI POLICE STATION, MADURAI DISTRICT
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +2. CCS to M/S.R.J.KARTHICK Advocate SR.No.23858,23859
ORDER
IN CRL OP(MD) No.3968 and 3969 of 2017 Date :12/06/2017 SVA/RR/13.06.2017/SAR4/3P/7C