Gobi v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.20976 of 2021 Gobi ... Petitioner/Accused No.1 Vs State Rep.by The Sub Inspector of Police, All Women Police Station, Thallakulam, Madurai City, Madurai District.
(Crime No.58 of 2021). ... Respondent/Complainant For Petitioner : M/s.Jothibasu.M., Advocate.
For Respondent : Mr.SS.Madhavan Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 58 of 2021 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 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 498(A) & 406 of I.P.C., in Crime No.58 of 2021 on the file of the respondent police, seeks anticipatory bail.
3.The case of the prosecution is that the marriage between the petitioner and the defacto complainant took place on 15.02.2021. After marriage, the petitioner and the other accused harassed the defacto complainant by demanding dowry. Hence, the complaint. 4.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.
5.The learned Government Advocate (Crl. Side) for the respondent police submitted that the in-laws of the defacto complainant are added as accused. Investigation is pending. 6.Considering the facts and circumstances of the case and also considering the fact that it is a matrimonial dispute, this Court is inclined to grant anticipatory bail to the petitioners. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Additional Mahila Court at Magistrate level, Madurai, and on his 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 daily at 10.30 a.m., for a period of 30 days.
The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously. 8.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/- 29/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE ADDITIONAL MAHILA COURT AT MAGISTRATE LEVEL, MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3 THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI CITY, MADURAI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.20976 of 2021 Date :29/12/2021 RS/VR/SAR.4 (31.12.2021) 3P-5C