S. Rajarathinam @ Jithu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.844 of 2016 S. RAJARATHINAM @ JITHU ... PETITIONER/ACCUSED No.5 Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT.

CRIME NO. 2 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S B.JAMEEL ARASU Advocate For Respondent : MR.K.ANBARASAN Govt. 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 accused No.5, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 498(A) of IPC, in Crime No.2 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the first accused tortured the defacto complainant at the instigation of the other accused and neglected the defacto complainant and thrown out her from the matrimonial home. On her complaint a case has been registered against the peittioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He further submitted that the petitioner is the distant relative of A1 and he is no way connected with the prosecution case. Hence, he prays for granting anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submitted that the petitioner and other accused demanded more dowry and tortured the petitioner and the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case and also the fact that the petitioner is the distant relative of A1, this

Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate No-I, Sivagangai 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 respondent police as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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/- 19/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,SIVAGANGAI 2 THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT. 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S B.JAMEEL ARASU Advocate SR.No.2986

ORDER

IN CRL OP(MD) No.844 of 2016 Date :19/01/2016 AA/SKS-RR/SAR-II/20.01.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/