Pin Chang Chen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. Pin Chang Chen,

2. Kuo Chen,

3. Vanen, ... Petitioners/Accused 1 to 3 Vs The State rep. by, The Inspector of Police, AWPS Dindigul.

Dindigul District, Crime No. 7 of 2019.

... Respondent/Complainant Pau Shen Hu, ... Petitioner / Intervener For Petitioners : M/s. S. Sivaprakash, Advocate.

For Respondent : A.Robinson, Government Advocate (Crl.Side) For Intervener : Mr.D.Venkatesh PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 7 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and learned Government Advocate(Crl. Side) appearing for the respondent. 1/3

2. The petitioners apprehending arrest at the hands of the respondent police for the offences under section 498(A) of I.P.C. and Section 4 of Dowry Prohibition Act, 1961, in Crime No.7 of 2019, seek anticipatory bail.

3. The petitioners are based in West Bengal. The defacto complainant is based in Dindigul. The first petitioner married the defacto complainant in the year 2017. Both are dentists by profession. The marital relationship between them appears to have came under strain. The defacto complainant filed M.C.No.44 of 2018, before the Family Court, Dindigul, seeking certain reliefs against the first petitioner. I am of the view that arresting the petitioners is not going to serve any purpose. However, the first petitioner is directed to appear before the Family Court, Dindidgul, on 19.09.2019, he shall stay at Dindigul for a period of one week and attempt to resolve the matter through mediation. The learned counsel appearing for the petitioners gives an undertaking that the first appear on 19.09.2019 and also stay at Dindigul for period of one week and cooperate for mediation.

4. Recording the undertaking given by the petitioners' counsel, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Dindigul, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner 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.

5. 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/- 06/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

TO

1. Judicial Magistrate No.II, Dindigul.

2. Do-Through The Chief Judicial Magistrate, Dindugal District.

3. The Inspector of Police, AWPS Dindigul. Dindigul District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.S.SIVAPRAKASH, Advocate Sr. No. 14994

ORDER

IN CRL OP(MD) No.11413 of 2019 Date : 06/09/2019 TR/PN/SAR-I (16.09.2019) 3P 6C 3/3