Jawaheer v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.19154 of 2016 1 JAWAHEER 2 BAKRUDEEN 3 BATHURU NISHA, 4 MUMTAJ, 5 RAJATHI 6 RAMEESH ... PETITIONERS / ACCUSED NO.1 TO 6 Vs THE STATE THROUGH :

THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KEERANUR, PUDUKKOTTAI DISTRICT, (IN CR.NO.6 OF 2013) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.GANAPATHI SUBRAMANIAN Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners/accused Nos.1 to 6, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 498(A), 406, 506(ii) of IPC and Section 4 of Dowry Prohibition Act in Crime No.8 of 2013 on the file of the respondent police.

2.The case of the prosecution is that the petitioners/accused demanded dowry and threatened the defacto complainant with dire consequences.

3.Learned Government Advocate (Crl. Side) would submit that the first petitioner is none other than the husband of the defacto complainant and others are in-laws. He would further submit that investigation is almost over and charge-sheet is yet to be filed.

4. Learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that A-7 in this case had already been enlarged on anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/

5. On consideration of the facts and circumstances of the case and also considering the nature of the offence, this Court is of the view that the relief prayed for cannot be granted in respect of the first petitioner and in respect of other petitioners 2 to 6, the relief prayed for can be granted and accordingly; (a) In the event of arrest by or on appearance before the Judicial Magistrate, Keeranur, within 15 days from the date of receipt of copy of the order, (i) petitioners 2 to 6 shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; (ii) petitioners 2 to 6 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer;

(iii) petitioners 2 and 6 shall appear before the respondent police daily at 10.00 a.m until further orders. The petitioner 3 to 5 being ladies, shall appear before the Jurisdictional Court once in a week I.e on every Monday at 10.30 a.m until further orders. sd/- 05/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

VS TO 1 THE JUDICIAL MAGISTRATE,KEERANUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE PUDUKKOTTAI 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KEERANUR, PUDUKKOTTAI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.GANAPATHI SUBRAMANIAN Advocate SR.No.59289 GJM/DB/SAR-I-18.10.16-2P-6C

ORDER

IN CRL OP(MD) No.19154 of 2016 Date :05/10/2016 https://hcservices.ecourts.gov.in/hcservices/