Jegabar Natchiyar 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.22830 of 2018 JEGABAR NATCHIYAR ... PETITIONER / ACCUSED 2 Vs THE STATE, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, GOLDEN ROCK, TRICHY.

(CRIME NO. 22 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.PANDIAN, Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A) and 506(i) of I.P.C and Section 4 of Dowry Prohibition Act, in Crime No.22 of 2018 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the marriage between the defacto complainant and one Jegabar Ali, who is none other than the petitioner's son was solemnized as per Muslim Rites and on the very next day from the date of marriage, the petitioner's along with his son harassed the defacto complainant by demanding dowry.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate [Criminal Side] for the respondent State.

4. According to the petitioner, she is an innocent lady and she has been falsely implicated in this case.

5. The learned Government Advocate [Criminal Side] opposes the grant of Anticipatory Bail stating that the petitioner is the mother-in-law of the defacto complainant and she and her son harassed the defacto complainant by demanding dowry.

6. Considering the facts and circumstances of the case and also taking into consideration of the fact that the petitioner is only the mother-in-law of the defacto complainant, this Court is inclined to grant Anticipatory Bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judge, Additional Mahila Court, Trichy and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a likesum to the satisfaction of the learned Judge 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.

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 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 JUDGE, ADDITIONAL MAHILA COURT, TRICHY DISTRICT.

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

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, GOLDEN ROCK, TRICHY.

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

+1. CC to M/S.M.PANDIAN Advocate SR.No.24106.

ORDER

IN CRL OP(MD) No.22830 of 2018 Date :27/12/2018 AMS/PN/S-2/02.01.2019/3P/6C