Madras High CourtCRL OP(MD)/12202/2019ordered

Lenin v. The Inspector Of Police

2019-09-03Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.12202 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12202 of 2019 Lenin ... Petitioner/Accused No.1 Vs State rep.by, The Inspector of Police, Othakadai Police Station, Madurai, Madurai District Crime No. 287/2019. ... Complainant/Respondent For Petitioner : M/s.D.Balamurugapandi, 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.287/2019 on the file of the respondent police .

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the defacto complainant and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 417, 498(A), 506(i) of I.P.C., and Section 4 of Dowry Prohibition Act 1961, in Crime No.287 of 2019, on the file of the respondent police, seeks anticipatory bail.

3. When the case was taken up for hearing, the learned counsel appearing for the petitioner states that the petitioner is willing to take his wife and children back. In fact he wants to get reunion. But then, the learned counsel appearing for the defacto complainant states that the defacto complainant is not ready to rejoin with the husband.

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CRL OP(MD). No.12202 of 2019

4. This is not a case in which the arrest of the petitioner will serve any purpose. However, the petitioner is directed to return the cloths, certificates and other articles of the defacto complainant. The petitioner's counsel states that he would pack all things belonging to the defacto complainant and hand over the same to the defacto complainant in the presence of her counsel.

5. In view of the above, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Melur, Madurai District and 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 petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

6. The petitioner 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/- 03/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, MELUR, MADURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3.THE INSPECTOR OF POLICE OTHAKADAI POLICE STATION, MADURAI, MADURAI DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.12202 of 2019 Date :03/09/2019 PMU PK/JC/SAR-3/05.09.2019 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2