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Madras High CourtCRL OP(MD)/5191/2017ordered

S.Mahalingam, v. The Inspector Of Police,

2017-04-26Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.5191 of 2017 S.MAHALINGAM ... PETITIONER / ACCUSED No.2 Vs STATE THROUGH THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUCHENDUR POLICE STATION, THUTHUKUDI DISTRICT.

IN CRIME NO.4 OF 2017. ... RESPONDENT / COMPLAINANT For Petitioner : Mr.G.ANBUSARAVANAN Advocate For Respondent : Mrs.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A2, in Crime No.4 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 406 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 learned counsel for the petitioner would submit that the petitioner is the father in law of the defacto complainant and he is an an innocent person and H.M.O.P.No.1244 of 2016 is pending before the Family Court, Coimbatore between the defacto complainant and A1 and the defacto complainant has also entered appearance in the said case and suppressing all these facts, the defacto complainant has lodged the complaint against the petitioner and his family members and he has nothing to do with the commission of offence. 4.The learned Government Advocate(Crl. Side) appearing for the respondent on instructions submitted that investigation is going on. 5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to https://hcservices.ecourts.gov.in/hcservices/

be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Tiruchendur and on 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 i.e. on every Monday at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6.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/- 26/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TIRUCHENDUR 2 THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUCHENDUR POLICE STATION, THUTHUKUDI DISTRICT.

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

+1. CC to Mr.G.ANBUSARAVANAN Advocate SR.No.21434 JAM/03.05.17/BS/SAR 4 2P-6C

ORDER

IN CRL OP(MD) No.5191 of 2017 Date :26/04/2017 https://hcservices.ecourts.gov.in/hcservices/