1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr. Justice V.PERIYA KARUPPIAH CRL OP(MD) No.10309 of 2011 1 RAJASINGH 2 ANNASELVAM 3 VELAYUTHAM 4 RAJAPANDI 5 KIRUBA 6 POONGOTHAI 7 SELVARATHI ... PETITIONERS / ACCUSED 1 TO 7 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT CR.NO.21 OF 2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. G.THALAIMUTHARASU Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl. Public Prosecutor (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A1 to A7 and they prayed for grant of anticipatory bail under section 438 Cr.P.C. for the alleged offences punishable under Sections 498(A) and 406 I.P.C., and Sections 3, 4 & 5 of Dowry Prohibition Act, in Crime No.21 of 2011, on the file of the respondent-police and hence, seek anticipatory bail. 2. Heard Mr.G.Thalaimuthasaru, learned counsel appearing for the petitioners and Mr.K.S.Durai Pandian, learned Additional Public Prosecutor (Crl.side) appearing for the State. 3.The learned counsel appearing for the petitioners would submit in his argument that the petitioners are innocent persons and they have not committed any offence and the petitioners are having permanent residence in the town and hence, he prays for anticipatory bail in favour of the petitioners. 4.The learned Additional Public Prosecutor (crl.side) would submit in his argument that the mediation failed and the investigation is pending. He would further submit that already there are H.M.O.P and the maintenance proceedings, pending and the plea of the petitioners for grant of anticipatory bail may not be considered. https://hcservices.ecourts.gov.in/hcservices/ 2 5.Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are directed to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Nagercoil 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 Judicial Magistrate No.II, Nagercoil and on further condition that the petitioners shall appear 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. 6.The petitioners shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 13/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.II, NAGERCOIL. 2. THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL. 3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. G.THALAIMUTHARASU Advocate SR. No.43456 ORDER IN CRL OP(MD) No.10309 of 2011 Date :13/12/2011 RJ/14.12.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/