Madras High CourtCRL OP(MD)/6112/2020ordered

Aruldhas v. The Inspector Of Police

2020-06-12Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN

1. T.Aruldhas

2. A.Sasikala @ Sasikala Saraswathi ... Petitioners/ Accused Nos.2&3 Vs State represented by The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

(In Crime.No.16 of 2020) ... Respondent/Complainant For Petitioners : M/s.G.Anto Prince, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime.No.16 of 2020 on the file of the Respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Criminal Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 498(A), 406, 294(b), 494, 120(b), 506(ii) of I.P.C., and Sections 4 and 6 of the Dowry Prohibition Act, in Crime No.16 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The petitioners are only the in-laws of the de-facto complainant. The petitioners through their counsel give an

undertaking that they will remit a sum of Rs.10,000/- every month towards monthly maintenance. The learned counsel for the petitioners categorically asserts that the marriage between their son and the de-facto complainant took place without their consent and the petitioners were not in domestic relationship with the victim.

4. Be that as it may, a gesture of grace, the petitioners undertake to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) in the bank account of their daughter-in-law, as monthly maintenance for a period of two years. This is only an interim arrangement.

5. Recording the undertaking of the petitioners, I am 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 No.II, Nagercoil and on their 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 as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioners shall appear before the concerned Magistrate within a period of eight weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 12/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID -19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. THE JUDICIAL MAGISTRATE NO.II, NAGERCOIL.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6112 of 2020 Date :12/06/2020 AKV SRS/ VR/ SAR-III/ 17.06.2020/ 3P/5C