Yoganathan v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Thirteenth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8551 of 2022 YOGANATHAN [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NANNILAM, TIRUVARUR DISTRICT.
CRIME NO.15/2021 For Petitioner : M/S.K.SUDALAI KANNU 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 petitioner, who apprehends arrest for the alleged offence under Sections 498A, 352, 506(1) of IPC in Crime No.15 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side).
3.
The complaint given by the wife alleging that the petitioner and his family members are harassing the defacto complainant by demanding more dowry and physically tortured her and hence the complaint has been lodged and the same has been registered in the Crime No. 15 of 2021 on the file of the respondent police for the offences under Sections 498A, 352, 506(1) of IPC 4.
The learned counsel for the petitioner would submit that this complaint is a counter blast to the divorce petition filed in HMOP.No. 72 of 2021 at Sub Court, Tiruvarur and the allegation made in the FIR are imaginary and frivolous one.
5. Taking note of the fact that the incidents mentioned in the FIR are not with any specific dates and it appears to have occurred 6 months prior to the complaint and further it is to be noted that the
de facto complainant is not living with the petitioner and separated from him long back.
6. In view of the above fact, this Court is inclined to grant bail to the petitioner.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the District Munsif -cum - Judicial Magistrate, Nannilam on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty 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 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(c)the petitioner shall report before the Investigating Officer as and when required for interrogation;
(d)the 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 has 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 13/04/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NANNILAM 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 THE SUB COURT, TIRUVARUR 4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NANNILAM, TIRUVARUR DISTRICT.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.K.SUDALAI KANNU Advocate on payment of necessary charges Sr.5731 CRL OP.8551/2022 Date :13/04/2022 RVR 21/04/2022