T.Meenal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD) Nos.7740 and 7741 of 2018 1 T.MEENAL 2 A.MUTHULAKSHMI 3 S.GANESAN 4 K.MALAR 5 S.KANNAN 6 R.LAKSHMANADOSS ... PETITIONERS/ACCUSED Nos.2 to 7 in CRL OP(MD)No.7740/18 T.SURESH ... PETITIONERS/ACCUSED No.1 in CRL OP(MD)No.7741/18 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KAMUDHI POLICE STATION, RAMNAD DISTRICT CRIME NO.3/2018 ... RESPONDENT / COMPLAINANT IN BOTH THE PETITIONS For Petitioners : M/S.I.PINAYGASH Advocate in both the petitions For Respondent : MR.K.SUYMABULINGA BHARATHI, Government Advocate(Crl.side) 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 accused, apprehending arrest at the hands of the respondent Police for the offences punishable under Sections 498(A), 506(i) of IPC and Section 4 of Dowry Prohibition Act, 1961 in Crime No.03 of 2018, seek anticipatory bail.
2.The case of the prosecution is that the petitioners demanded more dowry and harassed the defacto complainant. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been
falsely implicated in this case and prayed to refer the matter before mediation for amicable settlement.
4.The learned Government Advocate (Crl.Side) appearing for the respondent Police, on instructions, would submit that the investigation is still pending.
5. The submissions made by the learned counsel appearing on either side are considered. Since the dispute between the petitioners and the defacto complainant is with regard to matrimonial dispute, this Court is inclined to refer the matter to the mediation.
6. Considering the above said submissions, this Court is inclined to refer the matter to the Tamil Nadu Mediation and Conciliation Centre attached to this Court. Accordingly, the matter is referred to Tamil Nadu Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai. Registry is directed to post this matter before the Tamil Nadu Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai, after issuing notice to both parties and after mediation, place this matter before this Court along with mediation report. Till then, interim anticipatory bail is granted to the petitioners subject to the condition that the each of the petitioners shall execute a bond for a sum of Rs.
10,000/- with two sureties each for like sum each to satisfaction of the learned Judicial Magistrate, Kamudhi, Ramanathapuram District within a period of fifteen days from the date of receipt of a copy of this order and in addition to that the petitioners shall report before the respondent police daily at 10.30 am until further orders, except the days, on which the mediation process is posted.
sd/- 09/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, KAMUTHI, RAMANATHAPURAM DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KAMUDHI POLICE STATION, RAMNAD DISTRICT
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI Copy to:
THE CO-ORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +2. CC to M/S.I.PINAYGASH Advocate SR.Nos.8297, 8298 ORDER IN CRL OP(MD) Nos.7740 & Date :09/05/2018 SMA/CM/VK/11.05.2018:3P/8C