BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.11614 of 2011 1 RAJAN 2 THANGAMMAL 3 JEYARANI 4 GOPALAN ... PETITIONERS/ACCUSED NOS.1 TO 4 Vs STATE REP. BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KUZHITHURAI, KANYAKUMARI DISTRICT. CRIME NO.5 OF 2009 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.C.MUTHU SARAVANAN 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 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498-A and 302 of I.P.C., in Crime No.5 of 2009 on the file of the respondent police and hence seek anticipatory bail. 2. The learned counsel for the petitioners would submit that the first petitioner is the husband and the second petitioner is the mother- in-law and the third petitioner is the sister-in-law and the 4th petitioner is the brother-in-law of the defacto complainant and on the basis of the complaint given by the defacto complainant, a case has been registered in Crime No.5 of 2009 under Sections 498-A and 302 I.P.C. He further submitted that during the investigation, an alteration report has been filed stating that Section 498-A I.P.C. alone has been made out and no prima facie has been made out under Section 302 I.P.C. He would further submit that after the investigation, charge sheet has been filed only under Sections 498-A I.P.C. and Sections 3, 4 and 6 of Dowry Prohibition Act and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor would submit that even though a case has been registered under Sections 498-A and 302 I.P.C., during the investigation, they came to know that the death of the daughter of the first accused is a natural death and hence, they filed an alteration report, where the offence under Section 302 I.P.C. was deleted. He would further submit that after the investigation, charge sheet has been filed under Sections 498-A I.P.C. and Sections 3, 4 and 6 of Dowry Prohibition Act and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made by both sides and on perusal of the document, which was filed by the petitioner, it is seen that the marriage between the defacto complainant and the first accused has been performed on 12.11.2007 and due to the lawful wedlock, a female child was born and the child was died on 29.01.2009 and hence, a case has been registered under Sections 498-A and 302 I.P.C. However, during the investigation, alteration report has been filed, wherein section 302 I.P.C. was deleted. Subsequently, there was a compromise between the defacto complainant and this petitioner on 31.08.2010, in that she has stated that she does not want to pursue the matter. After investigation charge sheet has been filed on 06.11.2010, under Sections 498-A I.P.C. and Sections 3, 4 and 6 of Dowry Prohibition Act. 5. Considering the facts and circumstances of this case and also considering the fact that charge sheet has been filed, I am inclined to grant anticipatory bail to the petitioners, with certain conditions. 6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Eraniel, Kanyakumari District and on 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. Since charge sheet has been filed, the petitioners are directed to appear before the respondent police whenever they are required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7. 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/- 06/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, ERANIEL, KANYAKUMARI DISTRICT. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KUZHITHURAI, KANYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC TO M/S.C.MUTHU SARAVANAN, ADVOCATE SR.NO.30079. ORDER IN CRL OP(MD) No.11614 of 2011 2P/6C Date :06/09/2011 RPB 08.09.2011 https://hcservices.ecourts.gov.in/hcservices/