R.Rajeshwari v. The State, Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2021
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.3178 of 2021 R.Rajeshwari ... Petitioner -VsThe State, ... Respondent Rep by the Inspector of Police, Puzhal Police Station, (Crime No.748 of 2018) Prayer: Criminal Original Petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of her arrest in Crime No.748 of 2018 is pending on the file of the respondent police.
For Petitioner : Mr.P.R.Thiruneelakandan For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor
ORDER
The case has been heard through video conference The petitioner, who apprehends arrest for the alleged offences under Sections 498A, 304 (b) of IPC, in Crime No.748 of 2018, on the file of the respondent/Police, seeks anticipatory bail. 2.The case of the prosecution is that the deceased is the wife of A1. The petitioner along with other accused persons are said to have abused the daughter of the defacto complainant and demanded further dowry, hence, she had committed suicide. Hence the complaint was registered.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and she is no way connected with this crime and she has been falsely implicated in this case. He would further submit that the petitioner is residing at Puducherry and the occurrence took place in chennai. He would further submit that A1 has already been arrested and thereafter he was released on bail by the Principal District and Sessions Judge, Thiruvallur in Crl,M,P.No.156 of
2021 dated 21.01.2021. He would further submit that RDO enquiry has also been completed, it reveals that there is no demand of dowry and there is no previous case pending as against the petitioner. Hence, he prays for anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor would submit that the deceaed is the wife of A1. The petitioner along with other accused pesons are said to have abused the daughter of the defacto complainant and demanded further dowry, hence, she had committed suicide. He would further submit that A1 has already been arrested and thereafter he was released on bail. He would further submit that RDO enquiry has also been completed, it reveals that there is no demand of dowry and there is no previous case pending as against the petitioner
5. Considering the facts and circumstances of the case and that the co-accused had been released on bail and RDO enquiry, it reveals that there is no demand of dowry and there is no previous case pending as against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Madhavaram, 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 this petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioner and the sureties shall affix his 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 shall report before the respondent Police as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] thet petitioner 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 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 vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
7. With the above directions, this Criminal Original Petition is ordered.
-sd/- 24/02/2021 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, MADHAVARAM.
2 THE CHIEF JUDICIAL MAGISTRATE, THIRUVALLUR [FOR INFORMATION].
3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, PUZHAL POLICE STATION.
CRIME NO.748/2018 CC to M/S.P.R.THIRUNEELAKANDAN Advocate on payment of necessary charges CRL OP.3178/2021 Date :24/02/2021 EP-09/03/2021