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Madras High CourtCRL OP(MD)/11562/2018partly allowed

Chellakannu 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.11562 of 2018 1 CHELLAKANNU 2 KAVITHA ... PETITIONERS/ ACCUSED NOS.1&2 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE KEERANUR POLICE STATION, PUDUKKOTTAI DISTRICT, CRIME NO.142 OF 2018 ... RESPONDENT/ COMPLAINANT For Petitioners : MR.V.SELVA 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 294(b), 323 and 498 I.P.C and Section 4 of Dowry Prohibition Act, in Crime No.142 of 2018, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal side) for the respondent. 3.This Court went through the contents of the First Information Report. It is seen that the defacto complainant is the daugher-inlaw of the first petitioner. In her statement, she implicated both the petitioners herein. The second petitioner is the sister-in-law. After her marriage, she is residing in Trichy District. 4.This Court is of the view that no case is made out for showing any indulgence to the first petitioner. Therefore, taking note of the serious allegation made against the first petitioner, this Court is not inclined to grant anticipatory bail to the first petitioner. Accordingly, this Criminal Original Petition is dismissed in respect of the first petitioner. https://hcservices.ecourts.gov.in/hcservices/ 5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the second petitioner.

Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Keeranur and on her 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 second Petitioner shall appear before the respondent police as and when required for interrogation. The second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.The second 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 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,KEERANUR, PUDUKOTTAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE PUDUKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, KEERANUR POLICE STATION, PUDUKKOTTAI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.SELVA Advocate SR.No.12632 MSA GJM/JC/GSR/18.7.18-2P-6C

ORDER

IN CRL OP(MD) No.11562 of 2018 Date :10/07/2018 https://hcservices.ecourts.gov.in/hcservices/