Baskaran v. The Inspector Of Police
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.11569 of 2018 1 BASKARAN 2 KALI RATHINAM 3 MUPPUDATHI 4 TAMIL BALA ARASAN 5 SUGANTHI 6 SIVA SUBRAMANIAM 7 MURUGESAN 8 ESAKKIMUTHU 9 KUMARESAN ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs THE STATE BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KANYAKUMARI CRIME NO.NOT KNOWN OF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.D.VENKATESH 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 498-A I.P.C and Section 4 of TNPHW Act, in Crime No.Not known of 2018, seek anticipatory bail.
2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal side) for the respondent. 3.Though this is a matrimonial case, the marriage is yet to be taken place. This case has been lodged even before solemnization of the marriage.
https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel for the petitioners fairly submits that a sum of Rs.13.00 lakhs was received by the second petitioner. But, he
disputes that no gold was given. Be that as it may, the learned counsel for the petitioners undertakes that the second petitioner shall return the amount of Rs.13.00 lakhs to the defacto complainant.
5.The second petitioner shall take Demand Draft for a sum of Rs.13.00 lakhs in the name of the defacto complainant and deposit the same before the learned Judicial Magistrate No.III, Nagercoil. The respondent police is directed to intimate the defacto complainant about the deposit of the Demand Draft. The learned Judicial Magistrate shall hand over the Demand Demand to the defacto complainant.
6.Subject to this condition, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.III, Nagercoil and on their 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 shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.
7.The petitioners 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 NO.III, NAGERCOIL 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KANYAKUMARI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.D.VENKATESH Advocate SR.No.72494 ORDER IN CRL OP(MD) No.11569 of 2018 Date :10/07/2018 SMA/CSL/ASVM/18.07.2018:2P/6C https://hcservices.ecourts.gov.in/hcservices/