Bhanumathi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fourth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7660 of 2022 1 BHANUMATHI [ PETITIONERS / ACCUSED ] 2 THANGAVELU 3 T.VINOD KUMAR 4 J.GANESH 5 VASUDHA PRIYA POTHARAJU Vs THE INSPECTOR OF POLICE [ RESPONDENT ] ALL WOMEN POLICE STATION, THIRUMANGALAM, CHENNAI DISTRICT.

CRIME NO.1/2022.

For Petitioner : M/S.V.BHAVANI Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) For Intervener : M/S.S.VIJAYAKUMAR, Advocate 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 alleged offence punishable under Sections 498-A of IPC r/w.Section 4 of DP Act, 2002 in Crime No.1 of 2022, on the file of the respondent police, seek anticipatory bail.

2. Matrimonial dispute between the defacto complainant and her husband has led to registration of complaint alleging dowry harassment and life threat. These petitioners are in-laws of the defacto complainant.

3. It is stated that already divorce proceeding has been initiated by Rathish kumar, who is the husband of the defacto complainant and the same is pending.

3. In the said circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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-II, Poonamallee, on condition that each of the petitioners shall execute a separate bonds for a sum of Rs.

(c)the petitioners shall report before the Investigating Officer as and when required;

(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/- 04/04/2022 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, NO.II, POONAMALLE, THIRUVALLUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUMANGALAM, CHENNAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.V.BHAVANI Advocate on payment of necessary charges SR.NO. 5148 +1 CC to M/S.S.VIJAYAKUMAR Advocate on payment of necessary charges SR.NO. 5255 CRL OP.7660/2022 Date :04/04/2022 RW 07/04/2022