Sivabalan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.22918 of 2018 1 SIVABALAN 2 SIVARAMAKASI 3 JEYAGEETHA ... PETITIONERS / ACCUSED NOS.1 TO 3 Vs STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, BODI, THENI DISTRICT.

CRIME NO.16/2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.B.SANTHANAM RAJESHKUMAR, Advocate For Respondent : Mr.R.ANANDHARAJ, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 406 IPC and Section 4 of DP Act in Crime No.16 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the petitioners harassed the defacto complainant demanding additional dowry. 3.The learned counsel for the petitioner would submit that the defacto complainant had already lodged a complaint before the Town Police Station, Bodi in Crime No.894 of 2018. In that complaint, there is no averment with regard to dowry harassment. The petitioners had obtained anticipatory bail in that case. But, now the defacto complainant has lodged a complaint with false allegations against the petitioners.

4.Heard the learned Government Advocate (Crl.Side) appearing for the respondent police.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also taking into consideration of the fact that there is no specific

averment with regard to dowry harassment and petition for divorce has also been pending, this Court is inclined to grant Anticipatory Bail to the petitioners.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Bodi, Theni District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a likesum to the satisfaction of the said Magistrate and on further condition that the first petitioner shall appear before the respondent police daily twice at 10.30 a.m., and 05.30. p.m., and the second and third petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.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/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, BODI, THENI DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, BODI, THENI DISTRICT.

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

+1. CC to Mr.B.SANTHANAM RAJESHKUMAR Advocate SR.No.24062

ORDER

IN CRL OP(MD) No.22918 of 2018 Date :27/12/2018 MS/PN-AC/SAR-3/31.12.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/