K.Suriyanarayanan v. The State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.10.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.16524 of 2020 1.K.Suriyanarayanan 2.K.Amuthavalli 3.K.Vijayalakshmi .. Petitioners Vs.
The State rep. by The Inspector of Police All Women Police Station Ambattur, Chennai-600 053.
Cr.No.8 of 2020 ..Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioners on bail in the event of their arrest in Crime No.8 of 2020 on the file of the respondent police.
For Petitioners : Mr.A.Arikrishnan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
O R D E R
(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Section 498(A) IPC, in Crime No.8 of 2020 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution as per the de-facto complainant one Nithiyakalyani is that she got married to the 1st petitioner/1st accused on 14.12.2018. The further allegation is that the petitioners harassed the de-facto complainant and demanded dowry from her parents. Hence the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. He would further submit that originally, the de-facto complainant had gone to the police station and enquiry was conducted, finding that the allegations are false, the respondent police did not take any action and thereby, the de-facto complainant has filed a complaint before the concerned Magistrate and based on the direction
of the Magistrate, the case has been registered against the petitioners. Therefore, he prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that the 1st petitioner was married to the de-facto complainant on 14.12.2018 and immediately after the marriage, the accused persons harassed and demanded dowry from the de-facto complainant. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration the facts and circumstances of the case and also of the fact that it is a case of matrimonial dispute, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions:
a) 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Ambattur, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, 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: [b] 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.
[c] the 1st petitioner shall report before the respondent police daily at 10.30 a.m until further orders and the 2nd and 3rd petitioners 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.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners 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 in accordance with law as if the conditions have been imposed and the petitioners 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.
With the above directions, this Criminal Original Petition is ordered.
-sd/- 16/10/2020 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, AMBATTUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AMBATTUR,CHENNAI-53.
CC to M/S.A.ARIKRISHNAN Advocate on payment of necessary charges Sr.7036 CRL OP.16524/2020 Date :16/10/2020 RVR 22/10/2020