Madras High CourtCRL OP(MD)/12496/2019granted

Prabhakaran v. The Inspector Of Police

2019-09-16Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.12496 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12496 of 2019

1. Prabhakaran

2. Panneerselvam

3. Gunaseeli

4. Durai ... Petitioners/Accused 1 to 4 Vs State rep.by, The Inspector of Police, All Women Police Station, Ambasamudram, Tirunelveli District.

(Crime No.7 of 2019). ... Respondent/Complainant For Petitioner : M/s. S. Poornachandran, 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.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 the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 498(A), 406, 294(b) and 323 of I.P.C., and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and Section 4 of the Tamil Nadu Dowry Prohibition Act, in Crime No.7 of 2019 on the file of the respondent police, seek anticipatory bail.

3. The marriage between the parties had taken place on 09.01.2019. This Court therefore directed the respondent to hold https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12496 of 2019 mediation. It is stated that though the petitioners were present, the defacto complainant did not co-operate. It is further seen that the first petitioner had filed I.D.O.P.No.90 of 2019 before the Family Court, Karur, seeking restitution of conjugal rights.

4. Taking note of these aspects, 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, Ambasamudram, and on each of them 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 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/- 16/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

+1. CC to M/S. S. POORNACHANDRAN Advocate SR.No.15498 ORDER IN CRL OP(MD) No.12496 of 2019 Date :16/09/2019 PMU PK/JC/SAR-1/19.09.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2