Madras High CourtCRL OP(MD)/19785/2016ordered

Katthamal v. The Inspector Of Police,

2016-10-14Honourable Mr Justice K. Kalyanasundaram2 pages

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.19785 of 2016 1 KATTHAMAL 2 KRISHNAMOORTHY 3 POONKODI, 4 DHARMARAJ 5 REVATHI, ... PETITIONERS / ACCUSED 2 to 6 Vs State rep.by THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VADAMADURAI, DINDIGUL DISTRICT CR. NO. 26 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.BALAMURUGAPANDI 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 A6, apprehend arrest at the hands of the respondent Police for the alleged offence punishable under Sections 498(A), 406, 506(i) I.P.C., r/w Section 4 of Dowry Prohibition Act r/w Section 4 of Tamil Nadu Women Harassment Act, in Crime No.26 of 2016, on the file of the respondent Police and seek 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 / petitioners herein, complaining that they harassed her by demanding dowry.

3. The learned counsel for the petitioners submitted that the petitioners are innocents and they have no connection with this case and they have been falsely implicated in this case.

4. It is submitted by the learned Government Advocate (Crl.Side) that the petitioners are in-laws of the de facto complainant and the 1st accused / husband has been arrested and remanded to judicial custody.

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5. Considering the submissions made by the learned Government Advocate (Crl.Side) and also considering the fact that the petitioners herein are in-laws of the de facto complainant and the 1st accused / husband has been arrested and remanded to judicial custody, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned District Munsif-cum-Judicial Magistrate, Vedasanthur, Dindigul District, and on each of them 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.

7. The petitioners 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.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VEDASANTHUR, DINDIGUL DISTRICT 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VADAMADURAI, DINDIGUL DISTRICT.

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

+1. CC to M/S.D.BALAMURUGAPANDI Advocate SR.No.60849 sm:sk-skn:SAR 1:19/10/2016:2P/6C

ORDER

IN CRL OP(MD) No.19785 of 2016 Date :14/10/2016 https://hcservices.ecourts.gov.in/hcservices/