BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16298 of 2011 P.GUNASEKARAN : PETITIONER/ACCUSED RANK NOT KNOWN Vs. THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARUR, KARUR DISTRICT. CRIME NO.NOT KNOWN OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. R.MATHIYALAGAN Advocate For Respondent : Mr. K.S.DURAI PANDIAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed accused and he prayed for grant of anticipatory bail under Section 438 Cr.P.C., for the alleged offences punishable under Sections 498(A) and Section 4 of Dowry Prohibition Act. 2. Heard Mr.R.Mathiyalagan, learned counsel appearing for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the State. 3. According to the learned counsel appearing for the petitioner, the complaint was given by the de-facto complainant after the filing of H.M.O.P.No.178 of 2011 before the Sub-Court, Karur. He would further submit that the petitioner has got permanent root in the society and he will not abscond from the clutches of law and he is ready to abide by any condition likely to be imposed by this Court. 4. The learned Additional Public Prosecutor would submit in his argument that the complaint given by the de-facto complainant is still under enquiry stage and so far no case is registered. 5. I have considered the above submissions. 6. Considering the submissions made on either side this Court could see that there is apprehension of arrest even though the case has not been registered so far. It is further seen that the https://hcservices.ecourts.gov.in/hcservices/ de-facto complainant has come forward with the complaint after the filing of H.M.O.P by the petitioner and therefore, there is a prima facie case for the grant of anticipatory bail to the petitioner. Considering the above said facts, this Court is inclined to grant anticipatory bail to the petitioner. 7. Accordingly, the petitioner is directed to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.II, Karur and on 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 Judicial Magistrate No.II, Karur and on further condition that the petitioner shall appear before the respondent police every day at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 8.The petitioner shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 21/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.2, KARUR. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARUR, KARUR DISTRICT. +1 CC to M/S. R.MATHIYALAGAN Advocate SR.No.45076 ORDER IN CRL OP(MD) No.16298 of 2011 Date :21/12/2011 NSV/22.12.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/