CRL OP(MD)/24147/2016 of ANBURAJ Vs THE INSPECTOR OF POLICE, on 29 December 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Ninth day of December Two Thousand SixteenPRESENT

The Hon`ble Mr Justice R.MAHADEVAN

CRL OP(MD) No.24147 of 2016

ANBURAJ ... PETITIONER/ACCUSED-1

Vs

THE STATE REP. BY ITSTHE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SAMAYANALLUR, MADURAI DISTRICT. CR. NO. 62 OF 2016 ... RESPONDENT/COMPLAINANT

FOR PETITIONER : M/S.P.RAMESH, ADVOCATEFOR RESPONDENT : Mr.P.KANDASAMY, GOVERNMENT ADVOCATE ( CRL. SIDE)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as A-1, in Crime No.62 of 2016on the file of the respondent police, apprehends arrest at the handsof the respondent police for the alleged offences punishable underSection 498(A) of I.P.C and Section 4 of Tamilnadu Prohibition ofHarassment of Women Act and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learnedGovernment Advocate(Crl. Side) for the respondent/State.

3.The learned Government Advocate(Crl. Side) appearing for therespondent on instructions submitted that this is a case ofmatrimonial dispute and the petitioner is the husband of the defactocomplainant and the allegation is that the petitioner along withother accused demanded dowry from the defacto complainant andharassed her.

4. The learned counsel for the petitioner states that thepetitioner is an innocent person and he has been falsely implicatedin this case and further submitted that there is every possibilityhttps://hcservices.ecourts.gov.in/hcservices/of settlement for continuing the matrimonial life.

5.Considering the facts and circumstances of the case and alsoconsidering the fact that this is a case of matrimonial dispute,this Court is inclined to grant anticipatory bail to the petitioner,with certain conditions. Accordingly, the petitioner is ordered tobe released on bail in the event of arrest or on his appearancebefore the learned Judicial Magistrate, Additional Mahila Court,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 tothe satisfaction of the learned Magistrate concerned and on furthercondition that the petitioner shall appear before the respondentpolice daily at 10.30 a.m., until further orders. The petitionershall comply with the condition stipulated under Section 438 Cr.P.C.scrupulously.

6.The petitioner shall appear before the concerned Magistratewithin a period of 15 days from the date on which the order copymade ready, failing which, the petition for anticipatory bail standsdismissed.

sd/-

29/12/2016

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, MADURAI. ADDITIONAL MAHILA COURT, MADURAI.

2. THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE,

ALL WOMEN POLICE STATION,

SAMAYANALLUR, MADURAI DISTRICT.

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

+1. CC to M/S.P.RAMESH Advocate SR.No. 83682