1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Wednesday, the Seventh day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11753 of 2011 1 V.JEYAKUMAR 2 C.VESUDEVAN 3 MANORANJEETHAM 4 V.SIVAPRAKASH 5 V.TAMILVANAN :PETITIONERS / ACCUSED NOS.A1 TO A5 -Vs- STATE THROUGH THE INSPECTOR OF POLICE, CHEKKANOORANI POLICE STATION, MADURAI DISTRICT. CRIME NO. 330/2011 :RESPONDENT / COMPLAINANT For Petitioner:M/S.T.K. GOPALAN, Advocate For Respondent:MR.A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR. PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C. ORDER:The Court Made the following order:- The petitioners apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 406 and 506(i) r/w. 120(B) I.P.C and Section 4 of Dowry Prohibition Act and Section 4 of Tamilnadu Women Harassment Act in Crime No.330 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel appearing for the petitioners would submit that the first petitioner is the husband and the petitioners 2 to 5 are the in-laws of the de-facto complainant. He would further submit that the marriage between the first petitioner and the de-facto complainant was solemnized on 18.02.2010 and the parents of the de-facto complainant suppressed the disease and the marriage has been performed. Due to mental depression, the de-facto complainant threatened to commit suicide and then she left the matrimonial home along with her jewels and clothes and she also filed a divorce petition before the III Additional Subordinate Court, Madurai, on 20.07.2011 and now, on the basis of the complaint given by the de-facto complainant, a case has been registered against them for the offences under Sections 498(A), 406 and 506(i) r/w. 120 (B) I.P.C and Section 4 of Dowry Prohibition Act and Section 4 of Tamilnadu Women Harassment Act. He would further submit that the father of the de-facto complainant is a very influenced person and is threatening to file a complaint and they apprehend for arrest and hence, he prays for enlargement on anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Refuting the same, the learned Additional Public Prosecutor (Crl.Side) would submit that the petitioners are demanding 15 sovereign of gold jewels and also Rs.10 lakhs. He would further submit that the first petitioner herein suppressed the fact that he is a diploma-holder, but, he is stating that he is an engineering graduate and the investigation is going on and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides and also considering the fact that the marriage between the first petitioner and the de-facto complainant has been performed on 18.02.2010 and she left the matrimonial home on 23.01.2011 and she also filed a divorce petition before the III Additional subordinate Court, Madurai and it is a matrimonial dispute and as the investigation is considerably over, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Usilampatti, Madurai District and each of them 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 Magistrate concerned and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 5.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 07/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The III Additional Subordinate Judge, Madurai. 2.The Judicial Magistrate No:I, Usilampatti, Madurai District. 3.-Do- Thro' The Chief Judicial Magistrate, Madurai. 4.The Inspector of Police, Chekkanoorani Police Station, Madurai. 5.ThePublic Prosecutor,Madurai Bench of Madras High Court,Madurai +1CC to M/S.T.K. GOPALAN Advocate SR.No.30335. RP/08.09.2011/2P/7C. ORDER IN CRL OP(MD) No.11753/2011 Date :07/09/2011. https://hcservices.ecourts.gov.in/hcservices/