P.Rajendiran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Fourth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.4618 of 2022 1 P.RAJENDIRAN [ PETITIONERS / ACCUSED ] 2 DESAMMAL 3 R.VENKATESAN 4 R.KUMAR 5 MEENATCHI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUTHANI, THIRUVALLUR DISTRICT.

(CRIME NO.26 OF 2021) For Petitioners : M/S.M.SHANMUGAVELU Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 498-A and 506 (2) of IPC and Section 4 of TNPHW Act, in Crime No.26 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The petitioners are in-laws of the defacto complainant wherein dowry harassment is alleged against them.

3. The learned counsel for the petitioners has submitted that the petitioner have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He

further submitted that the husband of the defacto complainant is residing at Malaysia and furnished his passport Copy and address details.

4. Heard both sides.

5. Taking note of the fact that the petitioners are only in-laws and relatives of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tirutani on condition that the petitioners shall execute separate bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a) if the petitioners failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c) the petitioners shall report before the Investigation Officer as and when required for an interrogation ;

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners 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 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

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 04/03/2022 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, TIRUTANI 2 THE JUDICIAL MAGISTRATE, THIRUVALLUR [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUTHANI, THIRUVALLUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.M.SHANMUGAVELU Advocate on payment of necessary charges SR.NO.3407 CRL OP.4618/2022 Date :04/03/2022 JPA 11/03/2022