Nachiappan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.17940 of 2016 1 NACHIAPPAN 2 SAGUNTHALA ... PETITIONERS/ACCUSED NO.1 & 2 Vs THE STATE REP.BY , THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT CRIME NO. 22 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.SENTHIL KUMAR Advocate For Respondent : MR.K.V.RAJARAJAN, Government 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), 294(b), 406 of I.P.C., and Sections 3 and 4 of Dowry Prohibition Act and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.22 of 2016 on the file of the respondent police.

2. The case of the prosecution is that the first accused along with the other accused had demanded more dowry from the de-facto complainant and harassed her.

3. The learned counsel for the petitioners submitted that the first petitioner is the husband and the second petitioner is the mother-in-law of the de-facto complainant and they have been falsely implicated in this case.

4. Heard the learned Government Advocate (Crl. Side). 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; (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, Karaikudi within 15 days from the date of receipt of copy of the order, (i) petitioners shall be enlarged on bail on https://hcservices.ecourts.gov.in/hcservices/

each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two common 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 first petitioner shall report before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter as and when required and the other petitioner shall report before the respondent police as and when required.

sd/- 21/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.SENTHIL KUMAR Advocate SR.No.54350 AKV CSL/PV/SAR-I/27.09.2016: 2P/6C

ORDER

IN CRL OP(MD) No.17940 of 2016 Date :21/09/2016 https://hcservices.ecourts.gov.in/hcservices/