M.Vijaybabu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.680 of 2022 M.Vijayababu

...Petitioner

Versus

The State Represented by;

The Inspector of Police, All Women Police Station, Ambur, Thirupathur District (Cr.No. 10 of 2021)

...Respondent

Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of arrest in connection with the Cr.No.10 of 2021 pending investigation on the file of the respondent police.

For Petitioner : Mr.T.Saravanan For Respondent : Mr.A. Gokulakrishnan Additional Public Prosecutor ----

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 494, 498(A) and 506(i) of IPC r/w Section 4 of the Dowry Prohibition Act, 1961, in Crime No.10 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is the husband of the de-facto complainant and he demanded dowry from her and remarriage. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the husband of the defacto complainant demanded dowry and harassed her. He further submitted that the petitioner got second marriage with one Krishnaveni. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate, Ambur, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.

[b] the petitioner and the de-facto complainant are directed to appear before the Mediation Centre, attached to the District Court, Thirupathur District, atleast five sittings.

[c] the petitioner shall report before the respondent police as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 12/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, AMBUR.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AMBUR, TIRUPATHUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE OFFICER INCHARGE, MEDIATION CENTRE, DISTRICT COURT, THIRUPATHUR DISTRICT.

6 THE ASSISTANT REGISTRAR, TAMILNADU MEDIATION AND CONCILIATION CENTRE, HIGH COURT, MADRAS CC to M/S.T.SARAVANAN Advocate on payment of necessary charges CRL OP.680/2022 Date :12/01/2022 RW 28/01/2022