Madras High CourtCRL OP(MD)/5050/2016bail granted

Revathi v. The Sub Inspector Of Police

2016-04-20Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice G.CHOCKALINGAM CRL OP(MD) No.5050 of 2016 1 REVATHI 2 MUTHIAH ... PETITIONERS / ACCUSED NOS.1&2 Vs THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MANAPPARAI,TRICHY DISTRICT.

(CRIME NO. 16 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S J.ANANDKUMAR Advocate For Respondent : MR.C.MAYIL VAHANA RAJENDRAN Additional Public Prosecutor For Intervener : Mrs.V.Jeyarani PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1 and A2 apprehend arrest at the hands of the respondent police for the alleged offence punishable under sections 406 of IPC, in Crime No.16 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the petitioners' son Arivazhagan got married to the de-facto complainant on 19.03.2010 and it was a love marriage and after two years, Arivazhagan died due to cancer and that the de-facto complainant was compelled to get 3 lacks from her father's retirement for treatment of the deceased and Rs.1.29 lakhs alone was returned by the petitioners to the de-facto complainant and that suppressing the ailment of their son, the petitioners were allowed him to marry the de-facto complainant and they also did not return the balance amount received by them for treatment of their son. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.Heard the learned Government Advocate (Criminal side) appearing for the respondent and Mrs.V.Jeyarani, learned counsel appearing for the intervener.

5.In this case, already interim anticipatory bail was granted to the petitioners. Now, the learned counsel appearing for the petitioners has produced a release deed executed by the de-facto complainant on 03.03.2015, in which she had admitted that she has received all the https://hcservices.ecourts.gov.in/hcservices/

articles, which were disputed by her.

6.Considering the above facts and circumstances of the case, this Court is of the considered view that the interim anticipatory bail already granted to the petitioners is made absolute. The petitioner is directed to appear before the learned Judicial Magistrate, Manaparai in all working days, daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition 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 made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 20/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE MANAPARAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY 3 THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MANAPPARAI,TRICHY DISTRICT.

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

+1. CC to M/S J.ANANDKUMAR Advocate SR.No.21986 +1cc to Mrs.V.Jeyarani, Advocate in SR.No. 21897 ER JAM/22.04.16/SK-SKN/2P-7C

ORDER

IN CRL OP(MD) No.5050 of 2016 Date :20/04/2016 https://hcservices.ecourts.gov.in/hcservices/