Sirajudeen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19770 of 2016 SIRAJUDEEN ... PETITIONER / ACCUSED NO.4 Vs STATE, REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ALANGUDI, PUDUKKOTTAI DISTRICT CRIME NO.6 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.R.MURUGESAN 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 petitioner / 4th accused apprehends arrest at the hands of the respondent Police for the alleged offence punishable under Sections 420, 406, 498(A), 506(i) I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.6 of 2016, on the file of the respondent Police and seeks anticipatory bail.

2. The case of the prosecution is that the 1st accused and the de facto complainant are husband and wife and she lodged a complaint before the respondent Police, against her husband and his family members, complaining that they harassed her by demanding dowry.

3. The learned counsel for the petitioner submitted that the petitioner is none other than the brother of the first accused, he is innocent, he has no connection with this case and he has been falsely implicated in this case.

4. It is submitted by the learned Government Advocate (Crl.Side) that the petitioner is brother of the first accused and this Court has granted anticipatory bail to the first accused, vide order, dated 21.09.2016 in Crl.O.P.(MD) No.17861 of 2016. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the submissions made by the learned Government Advocate (Crl.Side) and also considering the fact that the co-

accused has been granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Alangudi, Pudukkottai District, and on 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 petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7. The 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 would stand dismissed.

sd/- 14/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

+1. CC to M/S.D.R.MURUGESAN Advocate SR.No.60741 GJM/DB/SAR-III-19.10.16-2P-6C

ORDER

IN CRL OP(MD) No.19770 of 2016 Date :14/10/2016 https://hcservices.ecourts.gov.in/hcservices/