Madras High CourtCRL OP(MD)/18654/2016partly allowed

Subbaiah v. Inspector Of Police,

2016-10-04Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.18654 of 2016 1 SUBBAIAH 2 PERIYASAMY ... PETITIONERS/ACCUSED 1 & 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, WATRAP POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.382 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.THALAIMUTHARASU Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324, 498(a) and 506(ii) of IPC and Section 4 of Tamil Nadu Prevention of Women Harassment Act, in Crime No.382 of 2016, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner is the husband of the defacto complainant and on the date of occurrence, the petitioners attacked the defacto complainant and demanded dowry.

3. The learned counsel 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.

4. The learned Government Advocate (criminal side) submitted that the first petitioner is the husband of the defacto complainant and the other petitioner is in-law.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the second petitioner with

the following condition. Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Srivilliputhur, within a period of 10 days from the date on which the order copy made ready, and on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum each to the satisfaction of the learned Magistrate concerned and on further condition that the second petitioner shall appear before the Trial Court daily at 10 a.m. until further orders. The second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6. Considering the overt act in respect of the first petitioner, this Petition is dismissed.

sd/- 04/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,SRIVILLIPUTHUR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 INSPECTOR OF POLICE, WATRAP POLICE STATION,VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.59302 JIKR CSL/SKS-RR/SAR-III/07.10.2016: 2P/6C

ORDER

IN CRL OP(MD) No.18654 of 2016 Date :04/10/2016 https://hcservices.ecourts.gov.in/hcservices/