Ramar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.7850 of 2017 RAMAR ... PETITIONER / 1st ACCUSED Vs THE STATE REPRESENTED BY ITS THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT, (CRIME NO.58 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.S.JEYAKARTHIK Advocate For Respondent : Mr.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 498(A) of IPC, in Crime No.58 of 2017, on the file of the respondent police seeks anticipatory bail.
2.The case of the prosecution is that the marriage between the defacto complainant and the petitioner was solemnized in the year 2004 as per Hindu rites and customs. After 13 years year of their marriage, the wife/defacto complainant lodged a complaint on the allegation of dowry harassment. Admittedly the petitioner belonged to law enforcing agency.
3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. According to him, the defacto complainant lodged this complaint in order to settle some family dispute and the coaccused were already granted anticipatory bail in Crl.O.P.(MD). No.7743 of 2017 by this Court. Hence, he prays for anticipatory bail.
4. The learned Government Advocate (Criminal side) appearing for the respondent confirmed that the co-accused were already enlarged on anticipatory bail and investigation is still pending.
5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl. Side) that the co-accused were already enlarged on anticipatory bail, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner https://hcservices.ecourts.gov.in/hcservices/
ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Melur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(i) the petitioner shall report before the All Women Police Station, Usilampatti, daily between 10.00 a.m. to 11.00 a.m., for a period of one week and thereafter as and when required;
(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;
(iv) the petitioner shall not commit any offence while on bail;
(iv) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law and the anticipatory bail granted stands cancelled automatically.
sd/- 09/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, MELUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI COPY TO:- THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, USILAMPATTI +1. CC to MR.M.S.JEYAKARTHIK Advocate SR.No.32478 JAM/1210.17/RR-BS/SAR 3 / 2P-7C ORDER IN CRL OP(MD) No.7850 of 2017 Date :09/10/2017 https://hcservices.ecourts.gov.in/hcservices/