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Madras High CourtCRL OP(MD)/10782/2018granted

Kamaraj v. The Inspector Of Police

2018-07-02Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10782 of 2018 1 KAMARAJ 2 MURUGESAN 3 SELVARASI 4 SELVARAJ 5 PALANIAMMAL 6 LOGANAYAGI 7 RAJESHKUMAR ... PETITIONERS / ACCUSED Nos.1 to 7 Vs THE STATE OF TAMIL NADU THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, DINDIGUL, DINDIGUL DISTRICT CR NO.6/2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.R.BALAKRISHNAN 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, who are arrayed as accused Nos.1 to 7, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 420, 406, 323 and 506(i) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002 in Crime No.6 of 2018, on the file of the respondent police, seek anticipatory bail.

2.The learned counsel for the petitioners submits that the petitioners are innocent persons and that the petitioners have not committed any offence as alleged by the prosecution and prays for anticipatory bail in favour of the petitioners. 3.The learned Government Advocate (Crl.side) appearing for the State would submit that the first petitioner is said to have demanded dowry from the defacto complainant.

https://hcservices.ecourts.gov.in/hcservices/ 4.Taking note of the facts and circumstances of the case and

also considering the fact that the primary allegations are only against the first petitioner namely, Kamaraj, this Court is not inclined to grant anticipatory bail to the first petitioner, while granting anticipatory bail to the petitioners 2 to 7 with certain conditions. Accordingly, the petitioners 2 to 7 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.2, Dindigul, and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 2 to 7 shall appear before the respondent police as and when required for interrogation. The petitioners 2 to 7 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.The petitioners 2 to 7 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 shall stand dismissed.

sd/- 02/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.2, DINDIGUL 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, DINDIGUL, DINDIGUL DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI +1. CC to MR.R.BALAKRISHNAN, Advocate SR.No.11945 TA JAM/10/07/2018/ PMI/VK /2P-6C

ORDER

IN CRL OP(MD) No.10782 of 2018 Date :02/07/2018 https://hcservices.ecourts.gov.in/hcservices/