Balamurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Balamurugan ... Petitioner /Sole Accused Vs State represented by The Inspector of Police, All Women Police Station, Oddanchatram, Dindigul District.

Crime No.14 of 2023.

... Respondent / Complainant For Petitioner :

M/s.D.Venkatesh, Advocate For Respondent :

Mr.S.Manikandan Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.14 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 498A, 294(b) and 506(i) of IPC in Crime No.14 of 2023, on the file of the respondent police, seeks anticipatory bail.

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2. The case of the prosecution is that the defacto complainant is the wife of the petitioner. Due to misunderstanding the petitioner and the defacto complainant are living separately. When the defacto complainant informed about the issue between them to her daughter -in-law, she asked Rs.1,00,000/- cash and 30 sovereigns of gold jewels as dowry and also abused with filthy language and threatened with dire consequences. Hence the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case.

4. Learned Additional Public Prosecutor would submit that there was a issue between the petitioner and the defacto complainant. Already interim anticipatory bail was issued to the petitioner.

5. Considering the limited role played by the petitioner, interim anticipatory bail was granted by this Court during the vacation Court. I find no development in this case and the interim anticipatory bail granted to the petitioner is made absolute.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Oddanchatram, on condition that the petitioner shall execute 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 since the petitioner is working at Kodaikanal, the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner 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/- 31/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, ODDANCHATRAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ODDANCHATRAM, DINDIGUL DISTRICT.

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

COPY TO THE OFFICER, INCHARGE, DISTRICT MEDIATION & CONCILIATION CENTRE, DINDIGUL DISTRICT.

+1 CC TO MR.D.VENKATESH, ADVOCATE, SR-11610[I]

ORDER

IN CRL OP(MD) No.8974 of 2023 Date :31/07/2023 RS/MMS/SAR-(10.08.2023) 3P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/4

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