Johnson v. The Inspector O Fpolice

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9199 of 2016 JOHNSON ... PETITIONER/ACCUSED No.3 Vs THE STATE THE INSPECTOR O FPOLICE ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT, CR NO. 26 OF 2015.

... RESPONDENT/COMPLAINANT For Petitioner : M/S D.SRINIVASARAGAVAN Advocate For Respondent : Mr.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 accused No.3, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b),498(A),406,447 and 506(i) of IPC r/w. Sections 3,4 and 6 of Dowry Prohibition Act, in Crime No.26 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner harassed the defacto complainant demanding more dowry.

3. The learned counsel appearing for the petitioner submitted that this Court by order dated 22.09.2015, granted anticipatory bail to the petitioner in Crl.O.P(MD).No.13317 of 2015, but, the petitioner did not comply with the condition imposed by this Court. Hence, the present petition has been filed by the petitioner on the ground that he sustained injury in his right thigh and underwent surgery and due to that, he could not comply with the condition imposed by this Court.

4. The learned Government Advocate (Crl.Side) would submit that the investigation of the case is pending.

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5.Considering the facts and circumstances of the case and also the fact that this Court has already granted anticipatory bail to the petitioner in Crl.O.P(MD).No.13317 of 2015, I am 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 No.II, Nagercoil and on his 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/- 14/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE-II NAGERCOIL 2 -do- thro' THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR O FPOLICE ALL WOMEN POLICE STATION, NAGERCOIL,KANYAKUMARI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S D.SRINIVASA RAGAVAN Advocate SR.No.30129

ORDER

IN CRL OP(MD) No.9199 of 2016 Date :14/06/2016 trp SH/ARK-PV/SAR-III:20.06.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/