O. Mohanraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2019 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN

1. O. Mohanraja(A1),

2. C. Ochhu (A2),

3. O.Kalaiselvi, (A3), 4.O.Hari Priya(A4)

5. O.Soundarya (A5), ... Petitioners/Accused 1 to 5 Vs.

State through The Inspector of Police, All Women Police Station, Virudhunagar, Virudhunagar District.

Crime No. 8 of 2019.

... Respondent/Complainant For Petitioners : M/s. P. Thambidurai, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail In Crime No. 8 /2017 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. 2.The petitioners apprehend arrest at the hands of the respondent in Crime No.08 of 2019 registered for the offences under Sections 147, 377, 323, 498(A), 406 and 506(1) of IPC and Section 4 1/3

of Dowry Prohibition Act, 1961.

3.The learned counsel appearing for the petitioners would submit that Saktheeshwari was earlier married to one Karthick Raja and that, their marriage was dissolved on 06.11.2015. Even before getting formal dissolution, the defacto complainant got married on 21.08.2015 with the first petitioner herein. The first petitioner would level serious allegations with regard to character and conduct of the defacto complainant. He had filed H.M.O.P.No.694 of 2019 on the file of the Family Court, Madurai.

4.It is seen that H.M.O.P was filed by the first petitioner in June 2019. FIR in question was registered only on 09.08.2019. There is every possibility that FIR has been lodged as a counter blast. The possibility of false implication cannot be ruled out. Hence, the petitioners are granted anticipatory bail. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Virudhunagar 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.

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/- 05/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGSITRATE NO.II, VIRUDHUNAGAR 2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

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

2/3

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

+1 CC to M/s.P.THAMBI DURAI, Advocate ( SR-14951[I] dated 06/09/2019)

ORDER

IN CRL OP(MD) No.12309 of 2019 Date :05/09/2019 rmi AE/JC/SAR-II (12.09.2019) 3P 6C 3/3