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Madras High CourtCRL OP(MD)/11553/2018granted

Prem v. The Inspector Of Police

2018-07-10Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11553 of 2018 1 PREM 2 JULIUS RAJKUMAR 3 MARY SELVI ... PETITIONERS/ACCUSED 1 to 3 Vs THE STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MARTHANDAM, KANYAKUMARI DISTRICT IN CRIME NO. 25 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : Mr.E.K.JOHN VICTOR ELIS Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 498(A) and 406 I.P.C and Section 3(1) and 6 of Dowry Prohibition Act, in Crime No.

25 of 2018, seek anticipatory bail. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal side) appearing for the respondent 3.The First Information Report was registered on 30.07.2018. The learned counsel for the petitioners submits that the marriage between the first petitioner and the defacto complainant took place on 03.09.2012. No children have been born. They are living separately from 2015 onwards. In fact, mutual consent divorce petition in I.D.O.P.No.372 of 2016 was also filed. This First Information Report was registered subsequent to the said I.D.O.P. 4.Taking note of the facts and circumstances of this case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be https://hcservices.ecourts.gov.

released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District and on their executing a bond each of them 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 on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 5.The petitioners 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 shall stand dismissed.

sd/- 10/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI, KANYAKUMARI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION,MARTHANDAM, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.E.K.JOHN VICTOR ELIS Advocate SR.No.12576

ORDER

IN CRL OP(MD) No.11553 of 2018 Date :10/07/2018 SMA/CSL/ASVM/18.07.2018:2P/6C https://hcservices.ecourts.gov.in/hcservices/