G.K.Yashwanth v. The 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.808 of 2022 1.G.K.Yashwanth

2. G.K.Padma

3. K.Gopi .. Petitioners

Versus

The State Represented by;

The Inspector of Police, W-21 All Women Police Station, Guindy, Chennai (Cr.No. 23 of 2021)

...Respondent

Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on Anticipatory Bail in the event of their arrest or surrender in connection with Crime No.23 of 2021 pending investigation on the file of the respondent. For Petitioners : Mr..A.Sakthivel 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 498A, 294(b), 323, 354A 506(i) of IPC, in Crime No. 23 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is the husband of the de-facto complainant. There was some family dispute between the petitioner/husband and the defacto complainant/wife. 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 petitioner along with his family members has demanded dowry from the de-facto complainant, harassed her. He further submitted that HMOP is pending before the Court below. Hence, he vehemently 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 Additional Mahila Court, Alandur, 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 defacto complainant are directed to appear before the Mediation Centre, attached to this Court, High Court Complex, Chennai, atleast five sittings.

[c] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. until further orders. [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 petitioners 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 vs. 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.

(*) Corrected Copy to be substituted for the order already despatched on 01/02/2022.

TO 1 THE ADDITONAL MAHILA COURT, ALANDUR.

2 THE INSPECTOR OF POLICE, W-21 ALL WOMEN POLICE STATION, GUINDY, CHENNAI.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

(*)4 THE ASSISTANT REGISTRAR, TAMILNADU MEDIATION AND CONCILIATION CENTRE, HIGH COURT, MADRAS +1 CC to M/S.A.SAKTHIVEL Advocate on payment of necessary charges SR.NO.771 CRL OP.808/2022 Date :12/01/2022 INBA~28/01/2022 JPA 05/05/2022