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Madras High CourtCRL OP(MD)/14509/2018ordered

Packiyam v. The Inspector Of Police

2018-08-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14509 of 2018 1 PACKIYAM 2 MUTHUPANDI 3 DEIVENDRAN ... PETITIONERS / ACCUSED 3,4,& 2 Vs STATE: INSPECTOR OF POLICE MANAMADURAI ALL WOMEN POLICE STATION, SIVAGANGAI DISTRICT CR NO. 17 OF 2018 .. RESPONDENT / COMPLAINANT For Petitioners : MR.V.KANNAN Advocate For Respondent : MR.V.NEELAKANDAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 498(A) of I.P.C., Section 4 of Tamil Nadu Prohibition of Harassment of Women (TNPHW) Act and Section 4 of Dowry Prohibition ACt in Crime No.17 of 2018, seek anticipatory bail.

2. The case of the prosecution is that the first accused along with the petitioners, who are arrayed as accused Nos.2, 3 and 4, demanded more dowry from the de-facto complainant. Hence, the complaint has been filed by the de-facto complainant.

3. The learned counsel appearing for the petitioners would submit that first accused is the husband and the petitioners are the in-laws of the de-facto complainant and they have been falsely implicated in this case.

4. The learned Additional Public Prosecutor would submit that the petitioners along with A1 demanded more dowry from the de-facto complainant and threatened her. Hence, she made a complaint against her husband and in-laws.

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5. Taking note of the fact that the petitioners are only inlaws of the de-facto complainant, 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 Additional District Musif cum Judicial Magistrate, Manamadurai and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two 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.

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 shall stand dismissed.

sd/- 09/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, MANAMADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI 3 THE INSPECTOR OF POLICE MANAMADURAI ALL WOMEN POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.V.KANNAN Advocate SR.No.19230

ORDER

IN CRL OP(MD) No.14509 of 2018 Date :09/10/2018 MSI/JC/SAR-II/16.10.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/