BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Saturday, the Twenty Ninth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD)Nos.13664 and 14067 of 2011 1 K. STEPHEN 2 K. CHANDRA @ CHANDRA ARULMANI 3 S. KANDASAMY ... PETITIONERS / ACCUSED RANK NOT KNOWN IN CRL OP.No. 13664 OF 2011 K. GLORI ... PETITIONER / ACCUSED RANK NOT KNOWN IN CRL OP.No. 14067 OF 2011 Vs STATE REP BY:: THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI SOUTH, MADURAI,CRIME NO.NOT KNOWN OF 2011 .. RESPONDENT/COMPLAINANT IN BOTH CRL OP's For Petitioner : M/S. S.SUKUMARAN Advocate in both Crl OP's For Respondent : MR. K.S. DURAIPANDI, GOVTERNMENT ADVOCATE (CRL SDIE) in both Crl OP's 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 for the offence under Sections 406, 420, 498(A) of I.P.C and Section 4 of Tamil Nadu Dowry Prohibition Act the petitioners in both the petitions have come up with this petition seeking anticipatory bail. 2. Today when the matter was taken up, the learned counsel appearing for the petitioners would submit that he does not press this petition in respect of the first petitioner in Crl.O.P(MD)No.13664 of 2011. Therefore, Crl.O.P(MD)No.13664 of 2011 is dismissed as not pressed in respect of the first petitioner. 3. In respect of the other two petitioners in Crl.O.P(MD) No.13664 of 2011, the second petitioner is aged 62 years and she is a woman and the third petitioner is aged 82 years. In respect of the petitioner in Crl.O.P(MD)No.14067 of 2011, she is the sister-in-law of https://hcservices.ecourts.gov.in/hcservices/ the de-facto complainant and is aged 30 years and she has been given marriage and residing elsewhere. 4. According to the case of prosecution, the first petitioner in Crl.O.P(MD)No.13664 of 2011 is the husband of the de-facto complainant by name Jeyakumari and there has been matrimonial dispute between the parties and the same is resulted in O.S.No.19 of 2011 before the Family Court, Madurai. While so, it is stated that the said Jeyakumari preferred a complaint against all the petitioners alleging above offence. 5. I have considered the above submissions. 6. Though this petition has been pending from 10.10.2011 onwards and though sufficient opportunity was offered to the learned Additional Public Prosecutor to get instructions from the respondent - police, the learned Additional Public Prosecutor would submit that the respondent has not registered any case so far on the complaint given by the de-facto complainant. 7. However, since a complaint is pending on the file of the respondent - police and since apprehension of arrest is real, having regard to the age of the petitioners and the fact that there has been civil dispute between the first petitioner in Crl.O.P(MD)No.13664 of 2011 and the de-facto complainant and all other attendant circumstances, I am inclined to grant anticipatory bail to the petitioners 2 and 3 in Crl.O.P(MD)No.13664 of 2011 and the petitioner in Crl.O.P(MD)No.14067 of 2011, but with conditions. 8. Accordingly, the petitioners 2 and 3 in Crl.O.P(MD)No.13664 of 2011 and the petitioner in Crl.O.P(MD)No.14067 of 2011 are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Madurai, on executing separate 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 respondent police or the police officer who intends to arrest or to the https://hcservices.ecourts.gov.in/hcservices/ satisfaction of the learned Magistrate concerned and on further condition that the petitioners 2 and 3 in Crl.O.P(MD)No.13664 of 2011 and the petitioner in Crl.O.P(MD)No.14067 of 2011, shall report before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. sd/- 29/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGHCOURT MADURAI 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI SOUTH, MADURAI, 2. CC to M/S. S.SUKUMARAN Advocate SR.No.37000,37001 DM::2011:NOVEMBER:01:: ORDER IN CRL OP(MD) No.13664 AND 14067 of 2011 3P:7C:: Date :29/10/2011 https://hcservices.ecourts.gov.in/hcservices/