BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11494 of 2011 1 CHELLAMMAL 2 T. UKKIRAPANDIAN 3 LATHA ... PETITIONERS/ACCUSED NOS.2 TO 4 Vs STATE REP.BY, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SIVAGANGAI DISTRICT, CRIME NO.8/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. P.SUBBARAJ Advocate For Respondent : MR.A.RAMAR, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.2 to 4 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 498(A) IPC and Section 4 of Tamil Nadu Women's Harassment Act, in Crime No.8 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned Counsel for the petitioners would submit that the petitioners are arrayed as A2 to A4. A2 is the mother of A1; A3 is the brother-in-law of A1 and A4 is the sister of A1. He further submits that the marriage between A1 and the de-facto complainant took place on 24.01.2007 and because of the illegal contact of the de-facto complainant A1 filed H.M.O.P.No.54 of 2011 for divorce on the file of Sub-Court, Sivagangai, and as counter case the present complaint was given against the petitioners. Already A1 was arrested and enlarged on bail and the petitioners are nothing to do with the commission of offence and hence, they pray for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor (Crl.Side) would submit that the marriage has been performed on 24.01.2007 and they are demanding the additional dowry of 10 sovereign of Gold, T.V., Fridge and also the petitioners suspected the character of the de-facto complainant and hence the complaint was given and the investigation is going on. He fairly conceded that A1 was already arrested and enlarged on bail. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the rival submissions made by both sides, it is seen that admittedly, the marriage between A1 and the de-facto complainant was performed on 24.01.2007. Admittedly, A1 filed H.M.O.P.No.54 of 2011 for divorce which was pending before the sub- Court, Sivagangai and the case has been registered only on the basis of a direction under Section 156(3) Cr.P.C since the first accused has suspecting the character of the de-facto complainant and hence the case has been registered against the petitioners and these petitioners are only in-laws of the de-facto complainant and already A1 was arrested and enlarged on bail, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.I, Sivagangai, 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. 6. 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/- 29/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.I SIVAGANGAI 2 THE CHIEF JUDICIAL MAGISTATE SIVAGANGAI 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. P.SUBBARAJ Advocate SR.No.34036 ssk/30.09.2011 /6c -2p/- ORDER IN CRL OP(MD) No.11494 of 2011 Date :29/09/2011 https://hcservices.ecourts.gov.in/hcservices/