Anburaj v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.05.2021

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P No.9378 of 2021 Anburaj .. Petitioner/Accused Vs.

The State Rep. By The Inspector of Police, All Women Police Station, Tiruvallur District (Crime No.7 of 2021) .. Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest in Crime No.7 of 2021 on the file of the Inspector of Police, All Women Police Station, Thiruvallur, Thiruvallur District.

For Petitioner : Mr.Swamisubramanian For Respondent : Mr.J.C.Durairaj Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest for the alleged offences under Sections 294 (b), 498 (A), 494 and 506 (i) of IPC and Section 4 of Dowry Prohibition Act, 1961, in Crime No.7 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that the false complaint has been given against the petitioner and he has not connected with the crime as alleged by the prosecution. He would further submit that there was a family dispute between the petitioner and the complainant.

3.The learned Additional Public Prosecutor would submit that the petitioner is arrayed as A4.

He also demanded a sum of Rs.35,00,000/-as dowry. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

4. This Court considered the submissions made by the learned counsel for all the parties concerned and also perused the FIR.

5. The Supreme Court has laid down the law regarding grant of anticipatory bail in the case of Gurbaksh Singh Vs. State (AIR 1980 SC 1632) and considering the fact that the custodial interrogation of the petitioner is not necessary and the fact that there is no apprehension that the petitioner may abscond, the petitioner is granted anticipatory bail in the event of arrest or on his appearance, before the learned Judicial Magistrate-I, Thiruvallur, on condition that the petitioner shall execute own bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, within a period of one month from the date of normal functioning of the Court below, and further condition that:

[a] the petitioner shall make himself available for interrogation by a police officer as and when required; [b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

[c] the petitioner shall not leave India without the previous permission of the Court;

[d] the petitioner shall appear before the Court below, whenever required.

[e] the petitioners shall affix his photograph and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his/her identity. [f] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[g] 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].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 19/05/2021 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, THIRUVALLUR 2 THE CHIEF JUDICIAL MAGISTRATE THIORUVALLUR(FOR INFORMATION) 3 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVALLUR, THIRUVALLUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.SWAMISUBRAMANIAN Advocate on payment of necessary charges CRL OP.9378/2021 Date :19/05/2021 RVR 02/07/2021