Vigneshwaran v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.17491 of 2016 VIGNESHWARAN ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.
(CRIME NO.19 OF 2016) ... RESPONDENT / COMPLAINANT INDHUREKA ... PETITIONER / INTERVENER For Petitioner : M/S.M.SOLAISAMY Advocate For Respondent : MRS.S.PRABHA Govt. Advocate ( Crl. Side) For Intervener : M/S.S.RAMASAMY Advocate 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.19 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 498-A of I.P.C 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 petitioner is the husband of the defacto complainant and he along with other accused demanded dowry from the defacto complainant.
4. The learned counsel for the intervenor strongly objected for granting anticipatory bail to the petitioner.
5. It is seen that earlier the matter was referred for mediation. But the report received from the Mediation Centre shows that the mediation could not succeed. It is further seen that there is a divorce petition also pending before the family Court. https://hcservices.ecourts.gov.in/hcservices/
6. Considering the facts and circumstances of the case and also considering the fact that the mediation could not succeed between the parties, 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.II, Virudhunagar 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 once in a week ie., on every Sundary at 10.30 a.m., for a period of eight weeks. The petitioner shall comply with the condition 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/- 08/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR. 2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.SOLAISAMY Advocate SR.No.13246 +1. CC to M/S.S.RAMASAMY Advocate SR.No.13287
ORDER
IN CRL OP(MD) No.17491 of 2016 Date :08/03/2017 MKV-SV-MMS-SAR 3/14.3.2017/2P-7C https://hcservices.ecourts.gov.in/hcservices/