Madras High CourtCRL OP(MD)/17776/2016ordered

G.Kalyanamoorthy @ Jegadheesh v. The Inspector Of Police

2016-09-26Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.17776 of 2016 1 G.KALYANAMOORTY @ JEGADHEESH 2 GANESAN 3 RAMANI @ MERY 4 MANIKANDAN 5 MUTHAIAH 6 MUTHAMMAL ... PETITIONERS/ACCUSED 1-6 Vs 1 STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KANYAKUMARI,KANYAKUMARI DISTRICT.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION,COLACHAL, KANYAKUMARI DISTRICT (CR.NO.8 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.RAJKUMAR SEN Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners, who are arrayed as accused, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 498(A), 406 IPC r/w Section 4 of Tamil Nadu Prevention of Women Harassment Act, in Crime No.8 of 2016 on the file of the respondent police.

2.The case of the prosecution is that due to dowry harassment, the de facto complainant preferred a complaint against the petitioners.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

4.Learned Government Advocate (Crl. Side) submits that investigation is pending.

5.On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; https://hcservices.ecourts.gov.in/hcservices/

(a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate, Eranial, within 15 days from the date of receipt of copy of the order, (i) petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; (ii) petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii) the 1st petitioner / husband shall report before the respondent police daily at 10.30 a.m. for two weeks and thereafter as and when required. The petitioners 2 to 6 shall report before the respondent Police as and when required.

sd/- 26/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ERANIEL,KANYAKUMARI DISTRICT.

2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KANYAKUMARI,KANYAKUMARI DISTRICT. 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, COLACHAL, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.A.RAJKUMAR SEN Advocate SR.No.55546 ORDER IN CRL OP(MD) No.17776 of 2016 Date :26/09/2016 PA/CK/SAR II/30.09.2016/2P/7C https://hcservices.ecourts.gov.in/hcservices/