N.U.Alagiri v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.07.2021 CORAM :

THE HON'BLE Mr.JUSTICE M.DHANDAPANI Crl.O.P.No.11629 of 2021 and Crl.MP.No.6796 of 2021 1.N.U.Alagiri 2.N.G.Udhyasuriyan 3.K.A.Shanthi 4.N.U.Manimegalai 5.N.U.Vijayaraj ... Petitioners/Accused 1 to 5 Vs.

The State rep.by Inspector of Police, All Woman Police Station, Tiruttani District.

(Crime No.7 of 2021)

...Respondent/Complainant

NANDHINI ..Petitioner/3rd party/Defacto complainant ordered as per order of this Court dated 12/07/2021 made in Crl.MP.No.6796 of 2021 PRAYER: Criminal Original Petition is filed under Section 438 of Cr.P.C., to enlarge the petitioners on bail in the event of their arrest in Crime No.7 of 2021 on the file of the Respondent Police. For Petitioners : Mr.A.Saravanan For Respondents : Mr.C.E.Pratap Government Advocate (Crl. Side) For Intervenor : Mr.K.G.Senthilkumar

ORDER

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 323, 498(A) and 506(1), of IPC, in Crime No.7 of 2021, on the file of the respondent police, seek anticipatory bail.

2.There are totally five accused, the petitioners are husband, father-in-law, mother-in-law, sister-in-law and brother-in-law of the defacto complainant respectively. The case of the prosecution is that

the marriage between the 1st petitioner and the defacto complainant had taken place in the year 2020 and thereafter matrimonial dispute arose, the 1st petitioner and others harassed the defacto complainant for want of dowry and subjected her to cruelty. Hence, on the complaint lodged by the defacto complainant, a case has been registered against the petitioners.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Criminal Side) would submit that there are totally five accused, the defacto complainant lodged a complaint alleging that the petitioners and others subjected her to cruelty for want of dowry. Hence, he vehemently opposed to grant of anticipatory bail to the petitioners.

5.Heard the learned counsel appearing for the petitioners as well as the learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials available on record. 6.Taking into consideration of the serious nature of offence committed by the 1st petitioner, this Court is not inclined to grant anticipatory bail to the 1st petitioner. The Criminal Original Petition in respect of the 1st petitioner stands dismissed. 7.Taking into consideration of the fact that the petitioners 2 to 5 are only the parents, brother and sister of the 1st accused, this Court is inclined to grant anticipatory bail to the petitioners 2 to 5 with certain conditions.

(a) Accordingly, the petitioners 2 to 5 are directed 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 is made ready, before the learned District Munsif cum Judicial Magistrate, Pallipet, on further condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties each for the 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 automatically;

[b] the petitioners 2 to 5 and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the respondent/police may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[c] the petitioners 2 to 5, shall report before the respondent police everyday at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation. [d] the petitioners 2 to 5 shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners 2 to 5 shall not abscond either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 2 to 5 in accordance with law as if the conditions have been imposed and the petitioners 2 to 5 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

8.With the above directions, this Criminal Original Petition in respect of the 1st petitioner stands dismissed. The Criminal Original Petition in respect of the petitioners 2 to 5 stands ordered. -sd/- 12/07/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PALLIPET 2 THE CHIEF JUDICIAL MAGISTRATE THIRUALLUR(FOR INFORMATION) 3 INSPECTOR OF POLICE, ALL WOMAN POLICE STATION, TIRUTTANI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.A.SARAVANAN Advocate on payment of necessary charges Sr.7411 CRL OP.11629/2021 and Crl.MP.No.6796 of 2021 Date :12/07/2021 RVR 26/07/2021