G.Murugan v. State Represented 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.11978 of 2022 1 G.MURUGAN [ PETITIONERS / ACCUSED ] 2 G.VASANTHA 3 R.MYTHILI 4 GANESAN Vs STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, W-5, VEPERY ALL WOMAN POLICE STATION, KILPAUK, CHENNAI.

CRIME NO.3 OF 2022 For Petitioner : M/S.MOHAMMED AASIF Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor For Intervener : M/S.SIVAKAMI SHANMUGAM PILLAI, 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 offence punishable under Sections 498(A), 506(i) of IPC in Crime No.3 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner and the defacto complainant are husband and wife. There was a quarrel between the first petitioner and the defacto complainant and it is alleged that the petitioners harassed the defacto complainant by demanding dowry and also abused her in unparliamentary words. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that the petitioners harassed the defacto complainant and demanded dowry. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

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 Mahila Court, Egmore, Chennai 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 first petitioner alone shall report before the respondent police daily morning and evening at 10.30 a.m., until further orders and thereafter as and when required for interrogation. The Petitioners 2 to 4 shall report before the respondent Police 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 MAHILA COURT, EGMORE AT CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, W-5, VEPERY ALL WOMAN POLICE STATION, KILPAUK, CHENNAI.

CC to M/S.MOHAMMED AASIF Advocate on payment of necessary charges CRL OP.11978/2022 Date :19/05/2022 RW-26/05/2022