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Madras High CourtCRL OP(MD)/6510/2017ordered

S.Sulthan v. The Inspector Of Police

2017-06-15Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6510 of 2017 S.SULTHAN ... PETITIONER/ACCUSED NO.I Vs STATE THROUGH THE INSPECTOR OF POLICE THALLAKULAM ALL WOMEN POLICE STATION, MADURAI DISTRICT CRIME NO. 35 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.I.SABEER MOHAMED Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.1, in Crime No.35 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 341, 426, 434, 498(A) and 506 (i) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Women Harassment Act and hence, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent/State.

3. The case of the prosecution is that the petitioner along with the other accused had demanded more dowry from the de-facto complainant and harassed her.

4. This Court, on the earlier occasions, directed the parties to be present before this Court. But the petitioner is present and the de-facto complainant did not present. The mother of the petitioner was discharged from the hospital.

5. Considering the facts and circumstances of the case and also considering the fact that the de-facto complainant did not present before this Court, this Court is inclined to grant anticipatory bail https://hcservices.ecourts.gov.in/hcservices/

to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the Additional Mahila Court, Madurai and on his 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 requied. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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 stands dismissed.

sd/- 15/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL MAHILA JUDGE, MADURAI 2 THE INSPECTOR OF POLICE THALLAKULAM ALL WOMEN POLICE STATION, MADURAI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.I.SABEER MOHAMED Advocate SR.No.24227 AKV CSL/PM-PN/SAR-I/20.06.2017 : 2P/5C

ORDER

IN CRL OP(MD) No.6510 of 2017 Date :15/06/2017 https://hcservices.ecourts.gov.in/hcservices/