BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of June Two Thousand Eleven PRESENT The Hon`ble Mr.Justice R.S.RAMANATHAN CRL OP(MD) No.5232 of 2011 M.SUDALAI ... PETITIONER(S) / ACCUSED RANK NOT KNOWN Vs STATE REP BY::THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PUDUKKOTTAI, THOOTHUKUDI DIST IN CR.NO. 5 OF 2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. G.THALAIMUTHARASU Advocate For Respondent : MR. K.V. RAJARAJAN, GOVT. ADVOCATE (CRL SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged commission of offences punishable under Section 494(A) I.P.C. And Section 4 of Dowry Prohibition Act in Crime No.5 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.It is submitted by the learned counsel for the petitioner that the petitioner and the de-facto complainant got married on 07.06.2006 and a female child was born on 14.06.2009 and due to the misunderstanding arose between the parties, they are living separately for the past one year and now a case has been registered against the petitioner in Crime No.5 of 2011 on the file of All Women Police Station, Pudukkottai for the alleged commission of offence punishable under Section 498(A) and 494 I.P.C. and Section 4 of Dowry Prohibition Act, as if the petitioner has demanded dowry and ill-treated the de- facto complainant. He further submitted that even according to the allegations made in the F.I.R. no allegation of demand of dowry was made and only for the purpose of registering a case, it was stated as if the petitioner demanded a sum of Rs.50,000/- and 20 sovereigns of gold as dowry. 3.It is submitted by the learned Government Advocate (Crl.Side) that the petitioner demanded a sum of Rs.50,000/- and 20 sovereigns of gold from the de-facto complainant and the petitioner is also living with another woman by name Magarasi and for non-payment of dowry, the de-facto complainant was driven away from the house. 4.I have perused the F.I.R. and it is seen from the F.I.R. that immediately after the birth of the female child, the petitioner wanted the child to be given adoption to his sister, who does not have any https://hcservices.ecourts.gov.in/hcservices/ issue and that was refused by the de-facto complainant and on that ground, there was misunderstanding between the parties and the de- facto complainant was deserted by the petitioner. However, one year later on 12.11.2010, the de-facto complainant went to her husband house and there she was ill-treated and she came to know that the petitioner is residing with another woman and hence, the complaint was given. 5.Considering the nature of the allegations made in the F.I.R. and the fact that the marriage took place in the year 2006 and the allegation of dowry was made, even according to the prosecution, only in the year 2010, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Thoothukudi and the petitioner shall execute 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 respondent police daily at 10.30 a.m. for a period of four weeks. 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, the petition for anticipatory bail stands dismissed. sd/- 06/06/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI. 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PUDUKKOTTAI, THOOTHUKUDI DIST 1. CC to M/S. G.THALAIMUTHARASU Advocate SR.No.17237: DM:2011::JUNE:07:: ORDER IN CRL OP(MD) No.5232 of 2011 Date :06/06/2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/