Jothi v. State Rep 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.8604 of 2022 1 JOTHI [ PETITIONERS / ACCUSED ] 2 DHAYALAN 3 SWARNALAKSHMI 4 MAHENDRAN Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VELLORE DISTRICT (CRIME NO.14/2022) For Petitioner : M/S G.VINODHKUMAR 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 alleged offences under Sections 294(b), 323, 498(A), 506(i) IPC in Crime No.14 of 2022, on the file of the respondent police, seek anticipatory bail.
2. The petitioners are in-laws of the de facto complainant. The de facto complainant has lodged a complaint against the petitioners alleging dowry harassment, using abusive languages and threatening her with dire consequence. The marriage took place on 29.04.2020, the de facto complainant has lived with her in-laws family for few months and thereby nuclear family in the month of November 2020, due to matrimonial discord, now the de facto complainant has separated from her husband Poobalan and given this complaint.
3. Considering the nature of complaint, this Court is of the view that custodial interrogation is not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
4. 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 Additional Mahila (Judicial Magistrate), Vellore, Vellore District on condition that each of the petitioners shall execute separate 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 learned Magistrate, failing which the anticipatory bail shall stand canceled and on further condition that: (a) 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; (b) the petitioners shall report before the Investigating Officer as and when required for interrogation;
(c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners 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 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;
(f) if the accused thereafter abscond, 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 ADDITIONAL MAHILA (JUDICIAL MAGISTRATE), VELLORE, VELLORE DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE VELLORE(FOR INFORMATION) 3 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VELLORE DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S G.VINODHKUMAR Advocate on payment of necessary charges Sr.5656 CRL OP.8604/2022 Date :13/04/2022 RVR 21/04/2022