CRL OP(MD)/17997/2017 of ASHOK Vs THE INSPECTOR OF POLICE on 28 December 2017

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

Thursday, the Twenty Eighth day of December Two Thousand SeventeenPRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.17997 of 2017

1 ASHOK

2 LAKSHMI

3 PANDIAMMAL

4 AYYANAR

5 VIJAYA @ THIRUMAGAL ... PETITIONERS/ACCUSED No.1 to 5

Vs

1 THE STATE REP. BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT, CRIME NO.5/2017..1[st] RESPONDENT / COMPLAINANT

2 PRAMILA ..2[nd] RESPONDENT/DEFACTO COMPLAINANT

For Petitioner : Mr.I.SUTHAKARAN AdvocateFor Respondent-1 : Mr.K.ANBARASAN, Government Advocate (Crl.side) For Respondent-2 : No appearance PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police forthe alleged offences punishable under Sections 406 and 506(i) IPCand Section 4 of Dowry Prohibition Act and Section 4 of Tamil NaduProhibition of Harassment of Women Act., in Crime No.5 of 2017 onthe file of the respondent police, the petitioners have come forwardwith this petition seeking anticipatory bail.

2.The case of the prosecution is that the marriage between thefirst petitioner and the defacto complainant was solemnized on16.07.2017. At the time of marriage, 5 sovereigns of gold and household articles, worth about Rs.30,000/- has been given by the parentsof the defacto complainant as dowry to the first petitioner. After20 days of marriage, the first petitioner and his family members,demanded additional dowry of 10 sovereigns of gold andRs.1,00,000/- from the defacto complainant. Hence, she left thematrimonial home on 23.10.2017 and lodged a complaint against thehttps://hcservices.ecourts.gov.in/hcservices/petitioners. Based on the complaint, case has been registered forthe above said offences against the petitioners.

3. The learned counsel for the petitioners submitted that thepetitioners are innocent persons and they have not committed anyoffence as alleged by the prosecution and they have been falselyimplicated in this case.

4.Learned Government Advocate (Crl. Side) would submit thatthe investigation is still pending.

5. Considering the facts and circumstances of the case andalso considering the fact that the dispute between the partiesrelating to matrimonial dispute, this Court is inclined to grantanticipatory bail to the petitioners. Accordingly, the petitionersare ordered to be released on bail in the event of their arrest orappearance, within a period of fifteen days from the date of receiptof a copy of this order, before the Judicial Magistrate II,Virudhunagar, on their executing a bond for a sum ofRs.10,000/- (Rupees Ten Thousand Only) each, with two sureties eachfor a like sum to the satisfaction of the respondent policeor the police officer who intends to arrest or to the satisfactionof the Magistrate concerned and on further condition that:

[a] the petitioner nos.1 and 4 shall report before therespondent police daily at 10.30 a.m. for a period of two weeks andthereafter as and when required for interrogation and the petitionernos. 2,3 and 5 shall appear before the respondent police as and whenrequired for interrogation; [b] the petitioners shall not tamper with evidence or witnesseither during investigation or trial; [c] the petitioners shall not abscond either duringinvestigation or trial; [d] on breach of any of the aforesaid conditions, the learnedMagistrate/Trial Court is entitled to take appropriate actionagainst the petitioners in accordance with law as if the conditionshave been imposed and the petitioners released on bail by theMagistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/-

28/12/2017

/ TRUE COPY /

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

TO

1 THE JUDICIAL MAGISTRATE IIVIRUDHUNAGAR

2 -do-thro' THE CHIEF JUDICIAL MAGISTRATEhttps://hcservices.ecourts.gov.in/hcservices/VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR

3

3 THE INSPECTOR OF POLICEALL WOMEN POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

+1. CC to M/S.I.SUTHAKARAN Advocate SR.No.37098