Rajendiran v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Seventh day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14741 of 2022 1 RAJENDIRAN [ PETITIONERS / ACCUSED ] 2 NANDHINI 3 NATHIYA 4 BALARAMAN 5 RANI 6 SAKKIYAMMAL Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KRISHNAGIRI, KRISHNAGIRI DISTRICT.

(CRIME NO.24 OF 2022) For Petitioner : M/S.M.P.SARAVANAN 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/A2 to A5 & A9 who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 506(i) & 494 of IPC in Crime No. 24 of 2022, seek anticipatory bail.

2. The case of the prosecution is that at the time of marriage the de-facto complainant's parents gave 17 sovereigns of gold, 3 sovereigns of gold chain and Rs.50,000/- to the A1/husband of the defacto complainant. Thereafter, he demanded Rs.5,00,000/- from the de-facto complainant 's family to get government job. He had received the money but not secured the job. Further, A1 refused to have physical relationship with the de-facto complainant stating that he has a hole in his heart. The 1st petitioner/father-in-law of the

de-facto complainant, is alleged to have misbehaved with the her. Then, A1 filed M.O.P.No.75 of 2020 before the Family Court, Krishnagiri and later withdrawn the same. Thereafter, A1 married another lady and they were blessed with one male child on 25.01.2022. 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. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5.

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 Additional Mahila Judicial Magistrate, Krishnagiri, on condition that each of the petitioners shall execute a separate 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 1st petitioner shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation. The 2nd, 3rd, 4th, 5th and 6th petitioners 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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 27/06/2022 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 ADDITIONAL MAHILA JUDICIAL MAGISTRATE, KRISHNAGIRI 2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KRISHNAGIRI, KRISHNAGIRI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.M.P.SARAVANAN Advocate on payment of necessary charges SR.NO.10177 CRL OP.14741/2022 Date :27/06/2022 JPA 29/06/2022