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Madras High CourtCRL OP(MD)/16612/2018ordered

Sivalingam v. The Inspector Of Police

2018-09-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16612 of 2018 1 SIVALINGAM 2 NAVAMANI ... PETITIONERS / ACCUSED NOS.A1 & A3 Vs STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATIN, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

CRIME NO.4/2017 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.V.SANTHAKUMARESAN, 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, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406 I.P.C and Section 4 of Dowry Prohibition Act, 1961, in Crime No.4 of 2017, seek anticipatory bail.

2.The case of the prosecution is that due to matrimonial dispute, the petitioners and their family members demanded additional dowry from the defacto complainant. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents. They did not commit any offence as alleged by the prosecution. He further submitted that this Court had already granted anticipatory bail in Crl.O.P(MD). No.8510 of 2018, in which, the year of the crime number has been wrongly mentioned. Hence, he filed this petition for grant of anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor submitted that the investigation is pending.

5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released https://hcservices.ecourts.gov.in/hcservices/

on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Virudhunagar, Virudhunagar 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 like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter 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/- 18/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATIN, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

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

+1. CC to Mr.V.SANTHAKUMARESAN Advocate SR.No.84823

ORDER

IN CRL OP(MD) No.16612 of 2018 Date :18/09/2018 MS/VR-MMS/SAR-1/25.09.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/