S.Vijayakumar v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.492 of 2022 1.S.Vijayakumar 2.N.Sakthivel 3.S.Amsaveni 4.Revathi ... Petitioners
Versus
The State represented by The Inspector of Police, All Women Police Station, Avadi, Thiruvallur District.
(Crime No.27 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of their arrest by the respondent police concerned in Crime No.27 of 2021 on the file of the respondent.
For Petitioners :
Mr.M.N.Balakrishnan For Respondent :
Mr.A.Gokulakrishnan, Additional Public Prosecutor *********
O R D E R
The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 498(A) and 494 of IPC in Crime No.27 of 2021, seeks anticipatory bail.
2. The case of the prosecution is that on 29.04.2020 the A1 married defacto complainant. It is alleged that the 1st petitioner is demanding, harassing the complainant to bring more dowry, the 4th petitioner also demanded one lakh for development of A1's business and received a sum of Rs.50,000/-. It is further alleged that the 1st petitioner married one Nagashree during the existence of earlier marriage. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that as pet the allegation the 1st petitioner married another girl Nagashree. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, as per the allegation the 1st petitioner married another girl Nagashree, it needs detailed investigation, anticipatory bail not granted to 1st petitioner, this Court is inclined to grant anticipatory bail to the petitioners 2 to 4 with certain conditions.
6. Accordingly, the petitioners are directed to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate Court No.I, Poonamallee, on condition that the petitioners shall execute a bond for a sum of Rs.
(d) the petitioners shall not abscond either during investigation or trial;
(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 11/01/2022 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 COURT NO.I, POONAMALLEE.
2 THE CHIEF JUDICIAL MAGISTRATE, TIRUVALLUR DISTRICT (FOR INFORMATION).
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AVADI, THIRUVALLUR DISTRICT. ( 4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
+1 CC to M/S. M.N.BALAKRISHNAN Advocate on payment of necessary charges SR.NO.576 CRL OP.492/2022 Date :11/01/2022 INBA~24/01/2022