Kuberan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Kuberan,
2. Kanagavalli,
3. Selvendran,
4. Sivaraman,
5. Sivakumar,
6. Chandran @ Chandrasekaran, ... Petitioners/Accused 1 to 6 Vs The Inspector of Police, All Women Police Station, Musiri, Trichy District (Crime No.22 of 2023).
... Respondent/Complainant For Petitioner : M/s. A.JOEL PAUL ANTONY, Advocate.
For Respondent : Mr.R.SURESH KUMAR, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.22 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused No.1 to 6, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 294(b), 1/4
406, 506(i) of IPC, and Section 4 of Dowry Prohibition Act, 1961 in Crime No.22 of 2023, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the marriage between the first petitioner and the defacto complainant was performed on 10.06.2022. Thereafter, the first petitioner at the instigation of the other petitioners have demanded more dowry from the dafacto complainant and even for the petty issues, they harassed her. Finally, she left the matrimonial home. Hence, the case.
3.The learned counsel for the petitioners would submit that the defacto complainant is suffering from left upper limb monoparesis. Therefore, H.M.O.P.No.293 of 2022 has been filed by the first accused seeking divorce. It is also submitted that D.V.No.3 of 2023 is pending before the learned Judicial Magistrate No.I, Thottiyam, wherein, she has sought maintenance relief. According to the counsel for the petitioners, subsequent to the above said filing of the above said H.M.O.P., the present complaint has been given on 22.07.2023. 4.
The learned Additional Public Prosecutor would submit that the investigation is pending. They are waiting for the report from the Social Welfare Officer.
5.In view of the above, this Court is inclined to grant anticipatory bail to the petitioner.
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6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Thottiyam, Trichy District, on condition that the petitioners shall execute 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 the first petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners 2 to 6 shall appear before the respondent police as and when required for interrogation. The first petitioner shall appear before the respondent police and co-operate with them for completing the enquiry. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. 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 stands dismissed. sd/- 01/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TM TO 1 THE JUDICIAL MAGISTRATE, THOTTIYAM, TRICHY DISTRICT. 3/4
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MUSIRI, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S. A.JOEL PAUL ANTONY Advocate SR.No.11627 ORDER IN CRL OP(MD) No.14056 of 2023 Date :01/08/2023 SA/VR/SAR. /11.08.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4