BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of July Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.8593 of 2011 DASWIN JOHN GRACE ..PETITIONER/ACCUSED -1 Vs. STATE REP.BY THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, COLACHEL, KANYAKUMARI DISTRICT. CR.NO.12 OF 2011 ..RESPONDENT/COMPLAINANT For Petitioner : M/S. M.GNANAGURUNATHAN 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 petitioner/Accused No.1 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498A, 420 of I.P.C r/w Sections 2,3,4,6 of Dowry Prohibition Act in Crime No.12 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner/first accused married the defacto complainant in the year 2010 and the defacto complainant went to the parental home for delivery and she did not resume her matrimonial home and she compelled the petitioner for living in the home of the defacto complainant and the petitioner is not willing to live in the home of the defacto complaiant and therefore, a false case has been foisted against the petitioner and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor submitted that the case has been registered in Crime No. 12 of 2011 against five persons and the petitioner is the first accused and others were granted anticipatory bail by this Court and investigation is going on and he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the rival submissions made by both sides, considering the fact that there is a matrimonial dispute and the other accused were granted anticipatory bail by this Court, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court, Eraniel, 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 petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. 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/- 18/07/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, ERANIEL. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, COLACHEL, KANYAKUMARI DISTRICT. +1. CC to M/S. M.GNANAGURUNATHAN Advocate SR.No.23375 akm/20.07.11 /2p-6c/ ORDER IN CRL OP(MD) No.8593 of 2011 Date :18/07/2011 https://hcservices.ecourts.gov.in/hcservices/