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Madras High CourtCRL OP(MD)/12961/2018granted

Rosely v. The Inspector Of Police

2018-07-26Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12961 of 2018 1 ROSELY 2 KRISHNAKUMARI 3 NALINIKUMARI 4 THOMUS ... PETITIONERS/ ACCUSED NO.2,3,5 & 6 Vs STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KUZHITHURAI, KANYAKUMARI DISTRICT.

IN CRIME NO.28 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.C.K.M.APPAJI, Advocate For Respondent : Mr.A.ROBINSON, Government 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) and 406 of IPC and Section 3,4 and 6 of Dowry Prohibition Act, in Crime No.28 of 2018, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent. 3.The learned counsel for the petitioner would point out that the parties have separated from each other due to the serious dispute between them. The defacto complainant filed a Maintenance Case and the same has been ordered. The petitioners are only inlaws of the defacto complainant. 4.Therefore, taking into account the facts and circumstances of the case, 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.I, Kuzhithurai 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 https://hcservices.ecourts.gov.in/hcservices/

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.

4.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/- 26/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KUZHITHURAI, KANYAKUMARI DISTRICT.

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

+1. CC to Mr.C.K.M.APPAJI Advocate SR.No.14087

ORDER

IN CRL OP(MD) No.12961 of 2018 Date :26/07/2018 MS/PN/SAR-4/07.08.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/