H. Abdulla v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.8455 of 2016 H. ABDULLA ... PETITIONER/ ACCUSED NO.4 Vs STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT.

(IN CR.NO. 6/2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.AASHA 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.4, 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 and Section 4 of Tamil Nadu Women Harassment Act, in Crime No.6 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and other accused demanded more dowry from the defacto complainant and tortured her both mentally cruelly.

3. The learned counsel appearing for the petitioner submitted that the petitioner is the father in law of the defacto complainant and he is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that A5 was granted anticipatory bail by the Sessions Judge, Sivagangai, in Crl.M.P.No.395 of 2016, dated 17.02.2016 and the co-accused / A2 and A3 were granted anticipatory bail by this Court in Crl.O.P(MD). No.4264 of 2016 and 6086 of 2016, dated 10.03.2016 and 07.04.2016 respectively and prays for anticipatory bail in favour of the petitioner.

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4. The learned Government Advocate (Crl.Side) submitted that the petitioner along with other accused demanded a sum of

Rs.40,00,000/- as dowry from the defacto complainant and the investigation of the case is pending.

5.Considering the fact that the petitioner is father in law of the defacto complainant and that the co-accused have already granted anticipatory bail by this Court and Session Court, 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 his appearance before the learned Judicial Magistrate, Karaikudi 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/- 03/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,KARAIKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI DISTRICT 3 THE SUB INSPECTOR OF POLICE,ALL WOMEN POLICE STATION, KARAIKUDI, IVAGANGAI DISTRICT.

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

+1. CC to M/S.M.AASHA Advocate SR.No.28073 GJM./NGM/MP/SAR-III-7.6.16-2P-6C

ORDER

IN CRL OP(MD) No.8455 of 2016 Date :03/06/2016 https://hcservices.ecourts.gov.in/hcservices/