M.Raju v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.8733 of 2017 1 M.RAJU 2 SEETHALAKSHMI, 3 SHANTHI, ... PETITIONERS/ ACCUSED RANK 1 TO 3 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.
(CRIME NO.10 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioners : MR.LAKSHMI GOPINATHAN, ADVOCATE FOR M/S.POLAX LEGAL SOLUTIONS 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 alleged offences punishable under Sections 294(b), 323, 506(i) and 498(A) I.P.C., and Section 4 of Prohibition of Women Harassment Act, in Crime No.10 of 2017, seek anticipatory bail.
2. The case of the prosecution is that the petitioners said to have harassed defacto complainant by demanding a sum of Rs.5,00,000/-, as dowry.
3. The learned counsel appearing for the petitioners states that the marriage took place between the first petitioner and defacto complainant on 06.07.2016 and the defacto complaint is a divorcee and she has attacked the second petitioner herein and therefore, the second petitioner has given a complaint in C.S.R.No.21/2017 and is pending. The first petitioner has filed a divorce application before the Sub-Court, Srivilliputtur and is pending. The defacto complainant has
also filed a petition in H.M.O.P.No.61/2017, for restitution of Conjugal Rights and the same is pending before the Sub-Court, Srivilliputtur and during pendency of this proceedings, the defacto complainant has preferred a complaint before the learned Judicial Magistrate No.II, Srivilliputtur under Section 156(3) of Cr.P.C., and the present case was registered, as per the order of the Court. The defacto complainant and her family members tortured the petitioners herein.
4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that there are totally three accused in this case, who are arrayed as A1 to A3 respectively. He would further submit that the first petitioner herein is the husband of the defacto complainant; second petitioner is the mother-in-law of the defacto complainant and third petitioner is the brother's wife of A1.
5. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.
6. 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.II, Srivilliputtur, on condition that each 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 the petitioners shall report before respondent Police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required, for interrogation. The petitioners shall comply with the conditions 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 11/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
MPK TO 1 THE JUDICIAL MAGISTRATE NO.II, SIRIVILLIPUTHUR 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.
+1. CC to M/S.POLAX LEGAL SOLUTIONS Advocate SR.No.26237 GJM/PM/PN/SAR-3-11.7.17-3P-6C
ORDER
IN CRL OP(MD) No.8733 of 2017 Date :11/07/2017