Kothanda Raman v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Third day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14437 of 2022 KOTHANDA RAMAN [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RANIPET, RANIPET DISTRICT.
CRIME NO.13 OF 2021 For Petitioner : M/S. S.SILAMBUSELVAN Advocate For Respondent : M/S.V.MEGANATHAN, Govt. Advocate ( Crl. Side) 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 alleged offence under Sections 498(A), 406, 506(i) of I.P.C. r/w. Section 4 of Dowry Prohibition Act in Crime No.13 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner along with the other accused is alleged to have demanded dowry and harassed the defacto complainant.
3.The learned counsel appearing for the petitioner would submit that earlier, the petitioner was granted anticipatory bail by this Court in Crl.O.P.No.13299 of 2021 on 02.08.2021 and time was also extended to execute the sureties in Crl.M.P.No.12308 of 2021 on 29.11.2021. Since the petitioner is serving in the Indian Army, till
date, he was not able to execute sureties and almost one year has lapsed after grant of anticipatory bail to him. Hence, the petitioner has filed this petition seeking anticipatory bail and prays that this Court may grant anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor did not dispute the facts submitted by the learned counsel appearing for the petitioner. 5.Considering the fact that earlier, the petitioner was granted anticipatory bail by this Court and since the petitioner is serving in the Indian Army, till date he was not able to execute sureties and almost one year has lapsed after grant of anticipatory bail to him, as a last chance, this Court is inclined to grant anticipatory bail to the petitioner.
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 of receipt of a copy of this order, before the learned District Munsiff Cum Judicial Magistrate, Ranipet, 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 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 Court concerned 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 daily at 10.30 a.m. for a period of two weeks and thereafter 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]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 23/06/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, RANIPET.
2 THE CHIEF JUDICIAL MAGISTRATE VELLORE. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RANIPET, RANIPET DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. S.SILAMBUSELVAN Advocate on payment of necessary charges SR.NO. 9849 CRL OP.14437/2022 Date :23/06/2022 RW-27/06/2022