Ashok, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of August Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6791 of 2017 1 ASHOK 2 SUBRAMANI 3 RATHAMANI 4 GOWTHAMAN ... PETITIONERS/ ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARUR DISTRICT.
(CRIME NO.NOT KNOWN OF 2017) ... RESPONDENT/ COMPLAINANT DEVI RENUKA ...PETITIONER/ NIL/ DEFACTO COMPLAINANT For Petitioners: Mr.S.J.CHAKKARAVARTHY Advocate For Respondent : No appearance For Intervenor : Mr.S.GOKULRAJ, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A) of IPC and Section 4 of the Tamil Nadu Women Harassment Act and Section 4 of Dowry Prohibition Act and hence, seeks anticipatory bail.
2. The case of the prosecution is that the petitioners alleged to have harassed the defacto complainant by demanding dowry and committed cruelty on her and therefore, a compliant came to be lodged by the defacto complainant against the petitioners herein. Hence, the present petition has been filed.
3. Learned counsel for the petitioners submit that the petitioners are innocent and deny the allegations made against them as alleged by the defacto complainant and in any event of the matter, they are ready to co-operate with the enquiry and hence, he prayed for appropriate orders.
4. There is no appearance on behalf of the respondent police.
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5.Heard the learned counsel for the petitioners and the learned Counsel for the defacto complainant and perused the materials available on record.
6. Since the matter involves matrimonial dispute, the matter was mediated by me in the Chamber and the matter has been adjudicated before this Court on 07.06.2017, 12.06.2017, 19.06.2017, 27.06.2017, 28.06.2017, 12.07.2017 and 02.08.2017 to have compromise between the parties, however, the mediation could not succeed, despite all possible steps taken out by this Court and therefore, this Court has no other option but to grant anticipatory bail to the petitioners.
7.In the light of the above factual position of the matter and considering the facts and circumstances of the case, this Court is 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.1, Karur District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties 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, until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
8. The petitioners shall appear before the Magistrate concerned 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/- 02/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.I, KARUR.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR.
3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARUR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.J.CHAKKARAVARTHY Advocate SR.No.27958 ORDER IN CRL OP(MD) No.6791 of 2017 Date :02/08/2017 MS/CM-MSA/SAR.3/08.08.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/