M. Gopal v. The Inspector Of Police
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.16637 of 2018 1 M. GOPAL 2 BAGAVATHI ... PETITIONERS / ACCUSED NO. 2 & 3 Vs THE STATE REP. BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, UTHAMAPALAYAM, THENI DISTRICT.
(CRIME NO. 34 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : MR.B.JAMEEL ARASU Advocate For Respondent : MRS.M.ANANTHA DEVI Govt. Advocate ( Crl. Side) 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 Section 498(A) of I.P.C. and Section 4 of Dowry Prohibition Act 1961 in Crime No.34 of 2017, seek anticipatory bail.
2.The case of the prosecution is that the de-facto complainant is the daughter-in-law of the petitioners. The petitioners and other accused persons demanded additional dowry and also harassed the de-facto complainant. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the first accused already filed a Divorce petition which is pending before the Sub-Court, Uthamapalayam, Theni District in H.M.O.P.No.69 of 2017. In which, the de-facto complainant also filed maintenance petition in I.A.No.67 of 2017 and the same was ordered on 06.06.2018 and the first accused is paying a sum of Rs.3,500/- as maintenance to the de-facto complainant. Thereafter, the present complaint has been lodged. The co-accused 1 and 4 were https://hcservices.ecourts.gov.in/hcservices/
released on anticipatory bail by this Court in Crl.O.P.(MD). Nos.13910 and 13911 of 2018. Hence, he prays for anticipatory bail to the petitioners.
4. The learned Government Advocate (criminal side) appearing for the respondent would submit that the investigation is pending. 5.Considering 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 on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Uthamapalayam, 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 like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police 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, UTHAMAPALAYAM 2 THE CHIEF JUDICIAL MAGISTRATE, THENI 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, UTHAMAPALAYAM, THENI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.B.JAMEEL ARASU Advocate SR.No.17899
ORDER
IN CRL OP(MD) No.16637 of 2018 Date :18/09/2018 MSI/PN/SAR-II/24.09.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/