D.Jayarathna v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13567 of 2022 D.JAYARATHNA [ PETITIONER / ACCUSED ] Vs THE STATE OF TAMIL NADU, [ RESPONDENT ] THE INSPECTOR OF POLICE, AWPS VIRUDACHALAM CUDDALORE DISTRICT CRIME NO.17 OF 2022.

For Petitioner : M/S.S.ROSHAN Advocate For Respondent : MR.A.DAMODARAN, Additional public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b), 313, 494, 109 and 506(1) of IPC, in Crime No.17 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. Totally there are seven accused in this case. The petitioner herein is arrayed as A7. The case of the prosecution as per the defacto complainant is that the marriage between the defacto complainant and the first petitioner took place on 01.07.2018. At the time of marriage, twelve sovereigns of gold and two lakhs worth household things were given. After the marriage, the first petitioner used to consume alcohol and with the accused A7 who is the relative of A1 both demanded more dowry from the defacto complainant. Meanwhile, the first petitioner married to the second petitioner and when the same was questioned by the defacto complainant, she was abused and threatened her with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The first petitioner has filed a petition for divorce in H.M.O.P.No.55 of 2019 before the Principal Subordinate Judge, Thittakudi, and the same is pending. He would further submit that the petitioner is prepared to abide by any conditions. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the marriage between the first petitioner and the defacto complainant took place on 01.07.2018 and the petitioner herein is A7, who is the relative of A1 and they both demanded dowry and harassed her. He would further submit that the petition for divorce is pending and subsequently the first petitioner married to the second petitioner in the presence of Accused 3 to 7. Therefore, a complaint has been given by the defacto complainant. Hence, he vehemently opposed the grant of anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case and also considering the fact that the petition for divorce is pending, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thittakudi, on condition that the petitioner 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 petitioner 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 petitioner shall report before the respondent police as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 13/06/2022 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 JUDICIAL MAGISTRATE, THITTAKUDI 2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, AWPS VIRUDACHALAM CUDDALORE DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.S.ROSHAN Advocate on payment of necessary charges SR.NO.9068 CRL OP.13567/2022 Date :13/06/2022 JPA 20/06/2022