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Madras High CourtCRL OP(MD)/23741/2016granted

Selvaraj v. The Inspector Of Police

2016-12-23Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23741 of 2016 1 SELVARAJ 2 JOTHI 3 MUNIYAMMAL ... PETITIONERS/ACCUSED NO.2 TO 4 Vs THE STATE REP.BY , THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NILAKOTTAI, DINDIGULD ISTRICT, CRIME NO. 23 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.JEYAKUMAR Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused No.2 to 4 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 498(A),406,323 and 506(ii) I.P.C in Crime No.23 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2. The learned counsel for the petitioner states that the petitioner herein are the in-laws of the defacto complainant in this case and A-1 has filed an anticipatory bail application and it is pending before the mediation.

3.The learned Government Advocate (Crl.side) appearing for the respondents states that totally there are five accused in this case and the petitioners herein are the in-laws of the defacto complainant and the defacto complainant is 9 months pregnant. 4.The learned counsel for the petitioner further states that A1 has initiated a proceedings against the defacto complainant for nullity of marriage, since she has not attained majority at the time of marriage and in that proceeding, after receipt of the summons, this case is falsely foisted against the petitioners herein. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the above 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 their arrest or on their appearance before the learned Judicial Magistrate, Nilakottai, Dindigul District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. Until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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/- 23/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,NILAKOTTAI, DINDIGUL DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NILAKOTTAI, DINDIGULD ISTRICT.

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

+1. CC to M/S.B.JEYAKUMAR Advocate SR.No.61 VS CSL/SKN/SAR-III/04.01.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.23741 of 2016 Date :23/12/2016 https://hcservices.ecourts.gov.in/hcservices/