1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of August Two Thousand Eleven PRESENT The Hon`ble Ms. Justice R.MALA CRL OP(MD) No.9462 of 2011 1 CHRISTAL DAYAMANI 2 BABU JOSH BRITT 3 JEYAKUMAR 4 SORNAM ... PETITIONERS / ACCUSED NOS.A2,A7, A4 & A6 Vs STATE THROUGH THE INSPECTOR OF POLICE KUZITHURAI POLICE STATION KANYAKUMARI DISTRICT CR.NO.14/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. SIVA AYYAPPAN 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 petitioners apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498-A, 406, 294 (B) I.P.C., and 4 & 6 of Dowry Prohibition Act, in Crime No.14 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 petitioners are in-laws of the de-facto complainant and the marriage between the de-facto complainant and the first accused has been performed on 28.05.2009 and she is the second wife and a complaint has been given on 11.07.2011 and they apprehend for arrest and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor (Crl. Side) would submit that the petitioners herein have joined together and ill-treated the de- facto complainant and she gave a complaint before the respondent, but, the complaint has not been registered and then only, she approached the Magistrate Court under Section 156(3) of Cr.P.C., and the investigation is in earlier stage 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 de-facto complainant and the first accused has been performed on 28.05.2009 and a case has been registered against 8 persons and as per the learned counsel for the petitioners, A1, A3, A5 and A8 were already arrested and enlarged on bail and the investigation is considerably over, I am inclined to grant https://hcservices.ecourts.gov.in/hcservices/ 2 anticipatory bail too 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, Kuzhithurai, Kanyakumari 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/- 11/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, KUZHITHURAI, KANYAKUMARI DISTRICT. 2. THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL. 3. THE INSPECTOR OF POLICE KUZITHURAI POLICE STATION KANYAKUMARI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. SIVA AYYAPPAN Advocate SR. No.27323 ORDER IN CRL OP(MD) No.9462 of 2011 Date :11/08/2011 RJ/16.8.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/