Babu@Prasath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.14195 of 2018 BABU@PRASATH ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, LALGUDI, TRICHY DISTRICT CRIME NO.5 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.MOHAN Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 417, 376 of IPC and Section 3(1) of Dowry Prohibition Act, in Crime No.

5 of 2018 on the file of the respondent police, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent. 3.The learned counsel for the petitioner on instructions, undertakes to deposit a sum of Rs.50,000/-(Rupees Fifty Thousand only) to the credit of the Crime No.5 of 2018. He also undertakes to deposit jewellery worth about 1.5 sovereigns of gold. 4.The petitioner shall deposit the said jewellery also before the Court. Both these acts of deposit would be without prejudice to the petitioner's contention that he is innocent and he has not committed the offence in question. It is open to the defacto complainant to withdraw not only the amount of Rs.50,000/-, but also the jewellery. The said withdrawal will be unconditional.

The victim need not redeposit the same, even the petitioner is acquitted. The Court below shall decide the case against the petitioner, if the police filed any charge sheet, uninfluenced by any of the observations made in this order.

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5. Recording the undertaking given by the learned counsel for the petitioner and subject to the said condition, this Court is 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, Lalgudi, 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 conditions 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 20/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE , LALGUDI,TRICHY.

2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, LALGUDI, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.MOHAN Advocate SR.No.15727

ORDER

IN CRL OP(MD) No.14195 of 2018 Date :20/08/2018 MV:JC:SAR2:03/09/18/2P/6C https://hcservices.ecourts.gov.in/hcservices/