N.Manimaran v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Ninth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13843 of 2021 N.MANIMARAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DESUR POLICE STATION, THIRUVANNAMALI DISTRICT.
CRIME NO. 255 OF 2021.
For Petitioner : M/S. V.J.ARULRAJ Advocate For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 306 of I.P.C in Crime No.255 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the deceased married the brother of the petitioner by name Vishal during the year 2010 and due to the said wedlock no child was born to them. It is alleged that the petitioner and the Vishal joined together and always pick up quarrel with the deceased and demanded more dowry from her. Due to which the deceased committed suicide by self immolation. Hence, the law enforcing agency registered a case against the petitioner. 3.The learned counsel appearing for the petitioner submitted that there was some matrimonial dispute between the deceased and her husband, due to which the deceased committed suicide by self immolation. He further submits that the petitioner was not in any connected with the alleged offence. Therefore, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) submitted that the petitioner harassed the deceased by demanding more dowry from her, due to which the deceased committed suicide bysuicide by self immolation . Hence he opposed for grant of anticipatory bail to the petitioner.
5.Considering the submissions on either side and the fact that the petitioner is only brother-in-law of the deceased and the main allegation is against the said Vishal , 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 Judicial Magistrate, Vandavasi Thiruvannamalai District 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.
(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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 09/08/2021 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, VANDAVASI, THIRUVANNAMALAI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, DESUR POLICE STATION, THIRUVANNAMALI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. V.J.ARULRAJ Advocate on payment of necessary charges Sr.8268 CRL OP.13843/2021 Date :09/08/2021 RVR 16/08/2021