M.Raja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN CRL OP(MD) No.6343 of 2017 1 M.RAJA 2 R.SUBBULAKSHMI 3 R.VIGHNESHWARI ... PETITIONERS / ACCUSED NOS.2 to 4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, SOUTH ALL WOMEN POLICE STATION, MADURAI.
CRIME NO. 12/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.HAJA MOHIDEEN 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 :- The petitioners, who are arrayed as A2 to A4, apprehend arrest at the hands of the respondent police for the alleged offences under Sections 498(A), 506(i) and 420 r/w 34 of I.P.C. and Sections 3 and 4 of Tamil Nadu Protection of Women Harassment Act and hence, seek anticipatory bail.
2.The learned counsel for the petitioners would submit that the petitioners are the in-laws of the de-facto complainant and they have been falsely implicated in this case on the allegation of demand of dowry.
3. The learned Additional Public Prosecutor would submit in his argument that the petitioners demanded more dowry from the de-facto complainant and also treated her cruelly.
4.Considering the facts and circumstances of the case, this Court grants anticipatory bail to the petitioners. Accordingly, they are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Madurai District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand https://hcservices.ecourts.gov.in/hcservices/
only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(i)The petitioners shall report before the Additional Mahila Court, Madurai, once in a week ie., on Every Monday at 10.30 a.m., until further orders.
(ii)The petitioners shall not tamper with evidence or witness either during investigation or trial. (iii)The petitioners shall not abscond either during investigation or trial.
(iv)Granting of anticipatory bail to these petitioners cannot be a ground seeking bail on similar grounds for the other accused, on whom the overt act is attributed; (v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs.State of Kerala (2005 AIR SCW 5560). sd/- 24/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, MADURAI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE ADDITIONAL MAHILA COURT, MADURAI 4 THE INSPECTOR OF POLICE, SOUTH ALL WOMEN POLICE STATION, MADURAI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.A.HAJA MOHIDEEN Advocate SR.No.22641
ORDER
IN CRL OP(MD) No.6343 of 2017 Date :24/05/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-MSA-SAR 3/26.5.2017/2P-7C