Madras High CourtCRL OP(MD)/16796/2018ordered

Vijayakumar v. The Inspector Of Police

2018-09-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16796 of 2018 1 VIJAYAKUMAR 2 SUBBIAH 3 PANHAVARNAM ... PETITIONERS / ACCUSED NO.1 TO 3 Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KANYAKUMARI, KANYAKUMARI DISTRICT.

CRIME NO. 35/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.P.MANI ANANDH 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 apprehend arrest at the hands of the respondent police for the offences punishable under Section 498(A), 406 I.P.C and Section 4 and 6 of Dowry Prohibition Act, 1961, in Crime No.35 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the first petitioner and the defacto complainant got married on 11.11.2012. The first petitioner is doing share market business and lost huge money. Therefore, he demanded dowry from the defacto complainant. Further on 07.01.2018, the first petitioner went to the house of the defacto complainant and demanded a sum of Rs.25 lakhs. Hence, the complaint.

3.The learned counsel for the petitioners would submit that in the year 2017 itself, she filed a complaint before the some other police station and the petitioner herein also filed a direction petition in Crl.O.P(MD)No.8781 of 2017 for not to harass the petitioner. Thereafter, she filed a divorce petition in H.M.O.P.No.45 of 2018, dated 02.01.2018 before the Family Court, Nagercoil, the same is being pending, she filed a another complaint before the respondent police. Therefore, the petitioner herein filed another petition in Crl.O.P(MD)No.16050 of 2018 for not to harass, https://hcservices.ecourts.gov.in/hcservices/

but the case has been registered in Crime No.35 of 2018, hence the direction petition is closed. The occurrence took place on 07.01.2018, the present complaint has been lodged on 28.08.2018. 4.Heard the learned Government Advocate (Criminal Side) appearing for the respondent.

5.Considering the facts and circumstances of the case, 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 Judicial Magistrate Court No.I, Nagercoil 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 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/- 19/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO-I, NAGERCOIL. 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION,KANYAKUMARI, KANYAKUMARI DISTRICT.

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

PS/RR/SAR-2:27/09/2018:2P/5C

ORDER

IN CRL OP(MD) No.16796 of 2018 Date :19/09/2018 https://hcservices.ecourts.gov.in/hcservices/