Subbaiyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.8090 of 2017 1 SUBBAIYAN 2 SUNDARI 3 UMA MAHESWARI ... PETITIONERS/ACCUSED NO. 1,2 & 4 Vs STATE REP.BY, THE INSPECTOR OF POLICE MADUKKUR POLICE STATION, THANJAVUR DISTRICT CRIME NO. 56 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.R.MURUGESAN 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 are arrayed as accused Nos.1, 2 and 4 in Crime No.56 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 174 Cr.P.

C. Altered into Section 304-B of IPC and hence, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State. 3.The case of the prosecution is that on the advise of the deceased husband, the petitioners demanded dowry. 4.The learned counsel for the petitioners would submit that the deceased's husband is living abroad and the petitioner is having child with tender age and on the date of occurrence, the deceased wanted to appear for bank examination and that the in-laws had objected for going to classes, as there was a child of tender age and it is difficult to travel by bus, for which, the deceased committed suicide and it is not true that there was a dowry harassment.

https://hcservices.ecourts.gov.in/hcservices/ 5.The learned Additional Public Prosecutor would submit that

initially the case was registered under Section 174 of Cr.P.C. and after RDO report has been received by the respondent police stating that there was a demand for dowry, altered FIR has been filed. 6.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, Pattukkottai and on their 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 condition 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 stands dismissed.

sd/- 29/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,PATTUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE MADUKKUR POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.D.R.MURUGESAN Advocate SR.No.62635 RJ2 CSL/KK/SAR-III/05.07.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.8090 of 2017 Date :29/06/2017 https://hcservices.ecourts.gov.in/hcservices/