Madras High CourtCRL OP(MD)/4691/2017ordered

Sesu, v. The Inspector Of Police,

2017-04-21Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty First day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4691 of 2017 1 SESUT 2 MARY 3 GNANAMUTHU 4 SALOMI ... PETITIONERS/ ACCUSED 1 TO 4 Vs STATE REP.BY THE INSPECTOR OF POLICE, AWPS, THIRUVADANAI, RAMNAD DISTRICT.

(CRIME NO.3 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioners: M/S.D.VENKATESH Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-1 to A-4, in Crime No.3 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 498-A of I.P.C and Section 4 of Dowry Prohibition Act and hence, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The learned Government Advocate(Crl. Side) on instructions submitted that the petitioners are said to have harassed the deceased demanding more dowry and due to that, the deceased committed suicide.

4.The learned counsel appearing for the petitioners submitted that this a case of death during delivery and as a note was written by the deceased, the present false case was registered against the petitioner.

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5. When the matter came up on 19.04.2017, the learned Government Advocate(Crl. Side) was directed to produce the discharge

summary the deceased. Today the learned Government Advocate (Crl. Side) has produced the discharge summary. On perusal of the same, it is seen that the patient was initially treated elsewhere and diagnosed to have (IUD) Intra Uterin Death.

6. 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, Thiruvadanai 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 petitioners shall appear before the respondent police once in a week ie., on every Sunday at 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.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.

sd/- 21/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, THIRUVADANAI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3.THE INSPECTOR OF POLICE, AWPS, THIRUVADANAI, RAMNAD DISTRICT.

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

ORDER

IN CRL OP(MD) No.4691 of 2017 Date :21/04/2017 MS/PM.PN/SAR.2/26.04.2017/2P.5C https://hcservices.ecourts.gov.in/hcservices/