Rathinam v. The Inspector Of Police

CRL OP(MD). No.12433 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12433 of 2022

1. Rathinam

2. Muthulaxmi ... Petitioners/A1 & 2 Vs

1. State Rep.by The Inspector of Police, All Women Police Station, Thallakulam, Madurai District.

(Crime No.32 of 2022) ... Respondent

2. Sivasoundarya (R2 is Suo Motu impleaded as per order of this court dt 11.07.2022 in Crl OP(MD) No.12433 of 2022) ... 2nd Respondent For Petitioners : M/s.N.Jeyaram Sidharth, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.32 of 2022 on the file of the Respondent Police.

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) and 406 of IPC, in Crime No.32 of 2022 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 the petitioners' son was solemnized in the year 2009. After their marriage, the first accused at the instigation of the other accused demanded more dowry from the defacto complainant and also harassed her. The further allegation is that the jewels and other articles were received by these petitioners and refused to return the same. Hence, the complaint. 3.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent police. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12433 of 2022 4.Considering the submissions of both side counsel, this Court referred the matter to the mediation centre, wherein, the issue was not settled for unknown reasons.

5.Considering the facts and circumstances of the case and also considering the age of the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, however, with stringent conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate No.II, Madurai, 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 the first petitioner shall appear before the respondent police as and when required for interrogation and the second petitioner shall appear before the respondent police on every saturday at 10.30 a.m., until further order. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 08/08/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

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

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

ORDER IN CRL OP(MD) No.12433 of 2022 TTA Date :08/08/2022 RS/VR/SAR.4 (02.09.2022) 2P-5C https://www.mhc.tn.gov.in/judis 2/2