BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of September Two Thousand Eleven PRESENT The Hon`ble Ms. Justice R.MALA CRL OP(MD) No.12447 of 2011 PERUMAL ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AMBASAMUTHRAM, TIRUNELVELI DISTRICT (CRIME NO.20/2011). ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.RAGAVENTHRE Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused No.1 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 498 (A) of IPC and Section 4 of Dowry prohibition Act and Section 4 of Woman Harassment Act in Crime No.20 of 2011 on the file of the respondent police and hence,seek anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner is arrayed as A1, who is the husband of the defacto complainant and a false case has been foisted against him under Section 498(A) of IPC and Section 4 of Dowry Prohibition Act and Section 4 of Woman Harassment Act and the case has been registered against 3 persons and A2 and A3 were arrested and enlarged on bail and the marriage between the petitioner and the defacto complainant has been performed on 10.2.2008 and they are blessed with one daughter and she left the matrimonial home on 10.8.2011 and she gave complaint on 22.8.2011. He further submitted that the case of the prosecution is that the petitioners demanded 5 sovereigns of gold and Rs.20,000/- and since it was not given, she was driven out and now the petitioners apprehend for arrest and they come forward with this application and prays for for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor submitted that the marriage between the defacto complainant and the petitioner has been performed on 10.2.2008 and they are blessed with female child and because of the dowry demand of 5 sovereigns of gold and Rs.20,000/-, she was driven out from the matrimonial home and she gave a complaint and investigation is going on. He fairly conceded that A2 and A3 were arrested and enlarged on bail and hence,he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made by both sides, the marriage between the petitioner and the defacto complainant has been performed on 10.2.2008 and they are blessed with one daughter and due to matrimonial dispute, she was driven out from the matrimonial home and the petitioners demanded 5 sovereigns of gold and Rs.20,000/- and there is delay in preferring complaint and already A2 and A3 were arrested and enlarged on bail. Hence, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Ambasamuthram, and 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 petitioner shall appear before the concerned court daily at 10.30 a.m. Until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, anticipatory bail petition stands dismissed. sd/- 20/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, AMBASAMUTHRAM. 2. THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. 3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AMBASAMUTHRAM, TIRUNELVELI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. S.RAGAVENTHRE Advocate SR. No.32129 ORDER IN CRL OP(MD) No.12447 of 2011 Date :20/09/2011 RJ/21.9.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/