1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Thursday, the Fifteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11755 of 2011 1 EJAS MYDEEN 2 SAJEENA :PETITIONERS / ACCUSED 3 & 4 -Vs- THE STATE REP. BY THE SUB- INSPECTOR OF POLICE, ARALVOIMOZHI POLICE STATION, KANYAKUMARI DT. CRIME NO.613/2011 :RESPONDENT For Petitioner : M/S.S.C. HEROLD SINGH 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. 3 and 4 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 341, 294(b), 323 and 506(i) and 379 N.P of IPC in Crime No.613 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 first petitioner is the sister's son of A1, husband of the defacto complainant, second petitioner is the second wife of the first accused. On the basis of the complaint given by the defacto complainant who is none other than the wife of the first accused and the case has been registered under sections 341, 294 (b), 323 and 506(i) and 379 N.P of IPC. The case of the prosecution is that on 29.08.2011 at about 12.15 p.m, the defacto complainant went to the first accused house on hearing about coming back to home from foreign country wherein the first accused attacked her and took her chain and ear stud then only the case has been registered. He further submitted that the petitioner left the matrimonial home she gave a complaint against her husband and five others and the case has been registered in Crime No.11 of 2009 dated 05.06.2009 under sections 498-A, 494, 406, 506(i) r/w 34 of IPC and 4,6 of Dowry Prohibition Act before the A11 Women Police Station, Nagercoil, in which the charge sheet has been filed. Now the false case has been foisted against the petitioner as well as the husband of A1 and A2 another sister's son and now the petitioners are apprehend arrest and hence, they prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor would submit that the case has been registered against four persons A1 and A2 were absconding, this petitioners are A3 and A4. A3 is the sister's son of A1; A4 is the second wife of A1 and the case has been registered on 29.08.2011 and https://hcservices.ecourts.gov.in/hcservices/ 2 the injured has been treated as O.P and the investigation is going on and hence he prays for dismissal of this application. 4.Considering the rival submissions made on both side, it is seen that the alleged occurrence is said to have been taken place on 29.08.2011; the case has been registered under sections 341, 294(b), 323, and 506(i) and 379 N.P of IPC. As per the version of the petitioners counsel already on the basis of the complaint given by the de-facto complainant the case was filed in Crime No.11 of 2009 under sections 498-A, 494, 406, 506(i) r/w 34 of IPC and 4,6 of Dowry Prohibition Act,on the file of the All Women Police Station, Nagercoil, in which the charge sheet has been filed so there is a previous enmity. Event hough the case has been registered on 30.08.2011 they neither interfered with the investigation nor absconded from the jurisdiction and the alleged occurrence took place on 29.08.2011 at 12.15 p.m., the case has been registered only on 30.08.2011 and considering the delay in preferring the delay in complaint, 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 their arrest or on their appearance before the learned Judicial Magistrate, Boothapandi, 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 Judicial Magistrate, Boothapandi, 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/- 15/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Judicial Magistrate, Boothapandi, Kanyakumari District. 2.-Do- Thro' The Chief Judicial Magistrate, Kanyakumari District @ Nagercoil. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Sub Inspector of Police, Aralvoimozhi Police Station, Kanyakumari District. +1. CC to M/S.S.C. HEROLD SINGH Advocate SR.No.31656. RP/19.09.2011/2P/6C. ORDER IN CRL OP(MD) No.11755 of 2011 Date :15/09/2011. https://hcservices.ecourts.gov.in/hcservices/