Madras High CourtCRL OP(MD)/7990/2018partly allowed

Paulraj v. The Inspector Of Police

2018-06-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.7990 of 2018 1 PAULRAJ 2 CLEMENT 3 JEBAMALAI ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE REP.BY, THE INSPECTOR OF POLICE, MANAPARAI POLICE STATION, TRICHY DISTRICT.

CR. NO.156/2018 ... RESPONDENT/COMPLAINANT For Petitioners : MR.A.JOEL PAUL ANTONY Advocate For Respondent : MR.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offence punishable under Section 174(3) Cr.P.C @ Sections 498(A) and 304(B) I.P.C., in Crime No.156 of 2018, seek anticipatory bail.

2.Heard the learned counsel for the petitioners, the learned Government Advocate (Criminal side) for the respondent and the learned counsel for the intervenor.

3.The marriage between the first petitioner and one Medilda was solemnized on 22.10.2015. The deceased committed suicide in her matrimonial home only. There are materials to show that it is a case of dowry death. Taking note of the facts and circumstances, this Court is not inclined to grant anticipatory bail to the first petitioner. Accordingly, the Criminal Original Petition is dismissed in respect of the first petitioner.

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4. It is submitted that there is no case or petition pending against the second petitioner. Therefore, this Criminal Original Petition is closed as regards the second petitioner. 5.The third petitioner is the mother-in-law of the deceased, aged about 63 years. No purpose will be served by arresting the 63 years old lady. Considering the age of the third petitioner, this Court is inclined to grant anticipatory to the third petitioner alone. Accordingly, the third petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Manapparai, Trichy District and on her executing a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the third petitioner shall appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation. The third petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.The third 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 shall stand dismissed.

sd/- 12/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAPPARAI, TRICHY DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3 THE INSPECTOR OF POLICE MANAPARAI POLICE STATION, TRICHY DISTRICT.

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

+1. CC to MR.A.JOEL PAUL ANTONY, Advocate SR.No.10198 +1. CC to MR.AN.RAMANATHAN, Advocate SR.No.10249

ORDER

IN CRL OP(MD) No.7990 of 2018 Date :12/06/2018 PK/RR-CSL/GSR/18.06.2018 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/