BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9895 of 2011 1 VENKATESAN 2 AYYATHURAI 3 KRISHNAVENI 4 RAJKUMAR ..PETITIONERS/ACCUSED 1 to 4 Vs. STATE REP BY ITS THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT. CR. NO.10 OF 2011 ..RESPONDENT/COMPLAINANT For Petitioners : M/S. EDDY AND EMBBOSS Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.1 to 4 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 498(A) of IPC and 506(i) of IPC and Section 4 of Tamil Nadu Women Harassment Act and Section 4 of Dowry Prohibition Act in Crime No.10 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 innocent persons and a false case has been foisted against them under Sections 294(b), 323, 498(A) of IPC and 506(i) of IPC and Section 4 of Tamil Nadu Women Harassment Act and Section 4 of Dowry Prohibition Act. He further submitted that the marriage between the defacto complainant and the first petitioner performed on 22.10.1997 and two children were born out and the defacto complainant developed illegal intimacy with neighbour and that has been intimated to the police and the matter was compromised and the first petitioner filed HMOP No.62 of 2011 for divorce on the ground of adultery and desertion and after the receipt of the summons, she gave a false complaint against the petitioners and case has not been registered and thereafter, filing an application under Section 156(3) of Cr.P.C, a case has been registered and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.Side) would submit the first petitioner demanded 20 lakhs rupees and threatened in drunken mood and investigation is going on and he fairly conceded that a case has been registered after the complaint has been forwarded under Section 156(3) of Cr.P.C and investigation is in earlier stage and 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 defacto complainant and the first petitioner performed on 22.10.1997 and two children born and as per the version of the learned counsel for the petitioner, the defacto complainant developed illegal intimacy with neighbour and the matter was reported to the police and they intervened the matter and the matter was compromised and the first petitioner has filed the divorce application in HMOP No. 62 of 2011 on the ground of adultery and desertion and after the receipt of the summons, the defacto complaint filed an application under Section 156(3) and she deserted the husband and she is now away from the matrimonial home,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 arrest or on their appearance before the learned Judicial Magistrate, Aruppukkotttai, and each of them executing a separate 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, anticipatory bail petition stands dismissed. sd/- 08/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKKOTTAI. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE SUB-INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT. +1. CC to M/S. EDDY AND EMBBOSS Advocate SR.No.26641 akm/09.08.11 /2p-6c/ ORDER IN CRL OP(MD) No.9895 of 2011 Date :08/08/2011 https://hcservices.ecourts.gov.in/hcservices/