Ezhilrani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.12190 of 2022 1 EZHILRANI [ PETITIONERS / ACCUSED ] 2 PREMAMERY 3 PETER Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VADALUR POLICE STATION, CUDDALORE DISTRICT (CRIME NO.438/2021) For Petitioner : M/S. S.N. ARUNKUMAR Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor 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 offences punishable under Sections 174(3) of Cr.P.C, subsequently altered into 304(B) of IPC in Crime No.438 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that there was a quarrel between the A-1 (Vimalraj) and the deceased got married during 2019 and the deceased committed suicide due to the dowry harassment caused by the petitioners and A1. Hence, the complaint.

3. The learned counsel for the petitioners would submit that this Court has already granted aniticipatory bail to the petitioners vide order dated 24.01.2022 in Crl.O.P.No.1442 of 2022 with a condition that each of the petitioners shall surrender and execute a bond of

Rs.10,000/- with two sureties within a period of fifteen days from the date of receipt of a copy of the order. However, the petitioners were not be able to execute the bond with two sureties as directed by this Court for the reason that they went to Kerala for their vacation. Therefore, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that the petitioners harassed the deceased in the name of dowry. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.

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 on which the order copy made ready, before the learned District Munsif-cum-Judicial Magistrate, Kurinjipadi, on condition that each of the petitioners shall execute a 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, failing which, the petition for anticipatory bail shall stand dismissed 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 Magistrate 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 at 10.30 a.m. for a period of four weeks and thereafter 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].

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

-sd/- 19/05/2022 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, KURINJIPADI.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, VADALUR POLICE STATION, CUDDALORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. S.N. ARUNKUMAR Advocate on payment of necessary charges SR.NO. 7674 CRL OP.12190/2022 Date :19/05/2022 RW-25/05/2022