C.R. Ashok v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice G.CHOCKALINGAM CRL OP(MD) No.6189 of 2016 C.R. ASHOK ... PETITIONER/ACCUSED NO.4 Vs THE STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, BODI, THENI DISTRICT.

[CRIME NO.16 OF 2015] ... RESPONDENT/ COMPLAINANT For Petitioner : M/S B.JEYAKUMAR Advocate For Respondent : M/S.P.KANNITHEVAN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A4, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A) of IPC and Section 4 of Dowry Prohibition Act, in Crime No.16 of 2015 on the file of the respondent police hence, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that the de-facto complainant is the wife of the first accused and other accused are in-laws of the de-facto complainant. The father in-law and mother in-law, who are A2 and A3, were released on anticipatory bail by the Lower Court vide Crl.M.P.No.1533 of 2016 on 22.07.2015. Further, the learned counsel submitted that a false case has been foisted against the petitioner and he is ready to furnish sureties as per the order of this Court and he prayed for grant of anticipatory bail to the petitioner.

3.Heard the learned Government Advocate (Crl.side) appearing for the State. He would submit that in this case, investigation is over and the parties appeared before the Court.

4. On a perusal of the records, it is seen that the H.M.O.P. Is pending before the Family Court, Coimbatore between the parties and co-accused are already granted anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and considering the fact that the investigation is already over, 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, Bodi, Theni District, and on 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 petitioner shall appear before the Court concerned all working days at 10.30 a.m., until further orders. If the petitioner is not complied with the condition as stipulated by this Court, the respondent police is directed to move cancellation of bail before this Court immediately. The petitioner 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/- 18/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE BODI, THENI DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION,BODI, THENI DISTRICT. +1. CC to M/S B.JEYAKUMAR Advocate SR.No.21563 RL/6C/2P/GSV/PM/SARI/20/4/2016

ORDER

IN CRL OP(MD) No.6189 of 2016 Date :18/04/2016 https://hcservices.ecourts.gov.in/hcservices/