Thanghamurugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.8505 of 2017 THANGHAMURUGAN ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT CRIME NO. 9 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.SRINIVASAN 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 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 406, 294(b) and 506(i) of IPC., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No. 9 of 2017, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner is the husband and the wife is the defacto complainant. The petitioner demanded dowry and also tortured his wife, along with other accused.
3. The learned counsel appearing for the petitioner states that the petitioner is an innocent person and he has not committed any offence, as alleged by the respondent. He would further submit that the petitioner is the last son of the family and he has to look after his family and hence, he is staying along with his parents. It is further stated that the defacto complainant sought for a separate family and this petitioner has refused for the same. Hence, the present complaint has been preferred with false allegations.
4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that there are totally there are 7 accused in this case and the petitioner herein is A1, https://hcservices.ecourts.gov.in/hcservices/
who is the husband of the defacto complainant. The petitioner demanded dowry and harassed her and the investigation is still pending.
5. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, Srivilliputhur, on condition that the petitioner 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 the petitioner shall report before respondent Police daily at 10.30 a.m., until further orders, for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C., scrupulously.
7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 06/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, SRIVILLIPUTHUR. 2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8505 of 2017 Date :06/07/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-PM-PN-SAR 1/11.7.2017/2P-5C