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Madras High CourtCRL OP(MD)/9860/2016granted

Thangavel Daniel v. The Inspector Of Police

2016-06-22Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9860 of 2016 1 THANGAVEL DANIEL 2 MARY 3 SARAL RUBY ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THOOTHUKUDI, CRIME NO.59/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.GANDHI Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 498(A) and 506(i) of IPC, in Crime No.59 of 2015, on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the de facto complainant married one Murugan. Subsequent to the marriage, the petitioners and the said Murugan harassed her demanding dowry and threatened her with dire consequences. On complaint case has been registered for the above said offences.

3.The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution the petitioners are only neighbours and family friends of the de facto complainant and they have no way connected with the family dispute exists between the de facto complainant and her husband. A.2 in this case was arrested and released on bail by the Trial Court and A.1 and A.3 were granted anticipatory bail by the concerned Sessions Court.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the petitioners along with the other accused harassed the de facto complainant demanding more dowry and threatened her with dire consequences.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioners are neighbours and family friends of the de facto complainant and A.2 was already arrested and https://hcservices.ecourts.gov.in/hcservices/

released on bail by the Trial Court and A.1 and A.3 were granted anticipatory bail by the concerned Sessions Court, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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.1, Thoothukudi and on each of them 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 petitioners shall report 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. 6.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 stands dismissed.

sd/- 22/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THOOTHUKUDI. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S R.GANDHI Advocate SR.No.32465 SMN CSL/SKS-RR/SAR-I/24.06.2016 : 2P/6C

ORDER

IN CRL OP(MD) No.9860 of 2016 Date :22/06/2016 https://hcservices.ecourts.gov.in/hcservices/