Madras High CourtCRL OP/7892/2021granted

Manna v. State Rep.By

2021-04-27Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.7892 of 2021 1 MANNA [ PETITIONERS / ACCUSED ] 2 REKHA Vs STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, AWPS THIRUVALLUR POLICE STATION, CR.NO.7 OF 2021.

For Petitioner : M/S.D.JAGAN Advocate For Respondent : MR.T.SHUNMUGARAJESWARAN, Government Advocate (crl.side) For Intervener : M/S. SHEETHANA 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 offences under Section 498(A), 294(b), 506(i) and 494 IPC and Section 4 of Dowry Prohibition Act, in Crime No.7 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are mother-in-law and sister-in-law of the de-facto complainant. It is alleged that the petitioners along with A1, who is the husband of the de-facto complainant harassed the de-facto complainant demanding dowry and also the petitioners assisted A1 for marrying another woman viz., Nivethika. Hence, the case came to be registered. 3.The learned counsel appearing for the petitioners would submit that they did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.

4. Ms.Sheethana, learned counsel for the intervenor/de-facto complainant vehemently opposed to grant anticipatory bail to the petitioners stating that the petitioners are the main persons demanding dowry from the de-facto complainant.

5. The learned Government Advocate (Crl. Side) would submit that the petitioners along with A1, who is the husband of the de-facto complainant harassed the de-facto complainant and demanded more dowry. Hence, he opposed for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case and also, it is a case of matrimonial dispute, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Tiruvallur, on condition that the petitioners shall execute a separate 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 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 respondent police daily 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 absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 27/04/2021 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, NO.I, TIRUVALLUR.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, AWPS THIRUVALLUR POLICE STATION.

+1 CC to M/S.D.JAGAN Advocate on payment of necessary charges SR.No.5588 CRL OP.7892/2021 Date :27/04/2021 cs 30/04/2021