CRL OP(MD)/24152/2016 of ARUMUGAM, S/O.THIRUMAN, 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.24152 of 2016

ARUMUGAM ... PETITIONER/ACCUSED No.1

Vs

THE STATE REP. BYTHE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION,PALANI, DINDUGUL DISTRICT.

CR.NO.28 OF 2016 ... RESPONDENT/COMPLAINANT

FOR PETITIONER : M/S.S.KARTHICK SUBRAMANIAN, 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.28 of 2016on the file of the respondent police, apprehends arrest at the handsof the respondent police for the alleged offences punishable underSections 498(A), 494, 109 of I.P.C and Section 4 of Tamil Nadu DowryProhibition 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.

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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, Palani and on his executinga bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with twosureties each for a like sum to the satisfaction of the learnedMagistrate concerned and on further condition that the petitionershall appear before the respondent police daily at 10.30 a.m., untilfurther orders. The petitioner shall comply with the conditionstipulated 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, PALANI.

2. THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3. THE INSPECTOR OF POLICE,

ALL WOMEN POLICE STATION,

PALANI, DINDUGUL DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. MADURAI.

+1. CC to M/S.S.KARTHICK SUBRAMANIAN Advocate SR.No. 83671