Manojkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.6916 of 2017 1 MANOJKUMAR 2 SUBBURAJ ... PETITIONERS/ACCUSED NO.1&2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE NATHAMPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT, CRIME NO.72/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.JEGADEESH PANDIAN 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 petitioners, who apprehend arrest at the hands of the respondent Police for the offence punishable under Sections 294(b), 323, 498(A) and 506(i) IPC in Crime No.72 of 2017 on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution is that the 1st petitioner is the husband of the de facto complainant and the 2nd petitioner is her father-in-law. Due to demand of additional dowry by way of gold and cash, the petitioners harassed the de facto complainant. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the de facto complainant insisted the 1st petitioner to lead a separate life and when the same was refused, the present complaint was lodged. 4.The learned Additional Public Prosecutor appearing for the respondent Police on instruction would submit that totally there are 2 accused. He further submitted that earlier this matter was referred to mediation, however, the same is failed. He also submitted that investigation is still pending. 5.Considering the facts and circumstances of the case and also considering the nature of allegations levelled against the petitioners, I am inclined to grant anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/

petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.I, Srivilliputhur, Virudhunagar District, on condition that the petitioners shall execute 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 respondent Police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a]the petitioners shall report before the respondent Police as and when required.

[b]the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c]the petitioners shall not abscond either during investigation or trial.

[d]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/- 24/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE NATHAMPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

NBJ CSL/RR-BS/SAR-I/30.08.2017 : 2P/5C

ORDER

IN CRL OP(MD) No.6916 of 2017 Date :24/08/2017 https://hcservices.ecourts.gov.in/hcservices/