BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12444 of 2011 1 SAMUTHIRAKANI @ SAMUTHIRAM 2 KALIAMMAL ... PETITIONER(S) / ACCUSED 1 and 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.(CRIME NO.15/2011) ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.DEENADHAYALAN 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 & 3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498-A, 406 of IPC Sections 3 & 4 of Dowry prohibition Act in Crime No.15 of 2011 on the file of the respondent police and hence,seek anticipatory bail. 2.The learned counsel for the petitioners would submit that a false case has been foisted against the petitioners and on the basis of the complaint given by the defacto complainant, who is the wife of the first petitioner by invoking Section 156(3) of Cr.P.C, a case has been registered under Sections 498-A and 406 of IPC and Sections 3 & 4 of Dowry Prohibition Act and the marriage between the defacto complainant and the first petitioner performed on 26.3.1999 and there is difference of opinion and she left the matrimonial home and they are having two children. Since the husband filed an application for restitution of conjugal rights in H.M.O.P. No.18 of 2010, the defaco complaint has given a complaint and the case has been registered and therefore, the petitioners apprehend for arrest and they come forward with this application and prays for ifor enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor submitted that the marriage between the first petitioner and the defacto complainant performed in the year 1999 and they demanded two lakhs and the complaint has been given by the defacto complainant and the case has been registered against three persons already A2 was arrested and enlarged on bail and investigation is going on and hence,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 first petitioner and the defacto complainant has been performed on 26.3.1999 and they blessed with two children and because of the matrimonial dispute, she left the matrimonial home and the first petitioner/husband filed an application H.M.O.P. No. 18 of 2010 on the file of the Sub Judge, Srivilliputhur for restitution of conjugal rights and then only, the complaint has been given and A2 who is brother-in-law of the defacto complainant was arrested and enlarged on bail. Further more, the case has been registered after invoking Section 156(3) of Cr.P.C. Hence, 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 his appearance before the learned Judicial Magistrate No.II, Srivilliputhur, 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 appear before the concerned court 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/- 20/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.II, SRIVILLIPUTHUR 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT 1CC to M/S. S.DEENADHAYALAN Advocate SR.No.32249: DM::2011:SEPTEMBER:21:: ORDER IN CRL OP(MD) No.12444 of 2011 Date :20/09/2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/