K.Prabhu v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Tenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13887 of 2021 1 K.PRABHU [ PETITIONER / ACCUSED ] 2 K.PARIMALA 3 DEEPA Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PONNERI, THIRUVALLUR DISTRICT CR NO.21/2021 For Petitioner : M/S.D.GOPI KRISHNAN Advocate For Respondent : M/S. C.E.PRATAP, Govt. Advocate ( Crl. Side) 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 alleged offence under Sections 294(B), 323, and 506(ii) of IPC and Section 4 of Tamilnadu Prohibition of Woman Harassment Act in Crime No.21 of 2021, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the first petitioner married the defacto complainant on 30.11.2017. Thereafter the petitioner and his family members ill treated and harassed the defacto complainant and demanded dowry from her. Hence, the law enforcing agency registered a case against the petitioners. 3.The learned counsel appearing for the petitioners submit that the petitioners have not been committed any offence as alleged by the prosecution. He further submits that due to the matrimonial dispute the petitioners have been falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl.Side) submits that due to some matrimonial dispute between the petitioners and the defacto complainant the petitioners attacked the defacto complainant and demanded dowry her. However, he vehemently opposed for grant of anticipatory bail to the petitioners.
5.Considering the facts of the case and the submissions made by the counsel appearing on either side, this Court is inclined to grant anticipatory bail to the petitioners.
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 of receipt of a copy of this order, before the learned Judicial Magistrate No.1I, Ponneri on condition that 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 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b) the 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.
(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 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]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 10/08/2021 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 NO.II, PONNERI 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PONNERI, THIRUVALLUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.D.GOPI KRISHNAN Advocate on payment of necessary charges CRL OP.13887/2021 Date :10/08/2021 APN 25/08/2021