S.Vinodh @ John Jackson v. State Rep By

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.13595 of 2022 1 S.VINODH @ JOHN JACKSON [ PETITIONERS / ACCUSED ] 2 MARY BLOSSM Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, W-7 AWPS ANNA NAGAR EAST POLICE STATION, CHENNAI 600 102 CRIME NO.NOT KNOWN OF 2022 For Petitioners : M/S.SHARADA VIVEK 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 petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498-A of IPC and Section 4 of Dowry Prohibition Act in Crime No.Not Known of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are husband and mother-in-law of the defacto complainant and she was harassed by the first petitioner/husband. Hence, the complaint.

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

4. The learned Additional Public Prosecutor appearing for the respondent submits that the FIR Number was assigned as Cr.No.3 of 2022 for the offences punishable under Section 498-A, 323, 109 and 506(ii)

of IPC. The defacto complainant was harassed by the petitioners. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration the facts and submissions of the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioners subject to the following 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 Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai on condition that the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 shall report before the respondent police every day at 10.30 a.m for a period of four weeks and thereafter as and when required for interrogation and the second petitioner shall report before the respondent police as and when required for an 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 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 METROPOLITAN MAGISTRATE, ADDITIONAL MAHILA COURT, EGMORE, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, W-7 AWPS ANNA NAGAR EAST, CHENNAI 600102 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.SHARADA VIVEK Advocate on payment of necessary charges SR.NO.9073 CRL OP.13595/2022 Date :13/06/2022 JPA 20/06/2022