Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Sixteenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14408 of 2021 1 KUMAR [ PETITIONERS / ACCUSED ] 2 INDRA Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ENNORE POLICE STATION, CHENNAI.

(CRIME NO.544/2021) For Petitioner : M/S M.VINOTH, Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) For Intervenor : MR.E.PANDIAN, Advocate 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 Section 174(3) of Cr.P.C. @ 306 of I.P.C. in Cr.No.544 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners along with the other accused are alleged to have induced the deceased to commit suicide.

3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and that they have been falsely implicated in the case. He further submitted that the petitioners are the parents of the husband of the deceased/ A1 and the allegation is only against A1 that he demanded dowry.

4.The learned counsel appearing for the intervenor submitted that the RDO enquiry is yet to be completed and further submitted that if anticipatory bail is granted to the petitioners, they may hamper the witnesses and tamper the evidence and vehemently opposed for grant of anticipatory bail to the petitioners. 5.The learned Government Advocate (Crl. Side) submitted that A1 has already been arrested and remanded to judicial custody. 6.Considering the fact that A1 has already been arrested and remanded to judicial custody and the petitioners are parents of A1, this Court is inclined to grant anticipatory bail to the petitioners. 7.

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 Court, Thiruvottiyur, on condition that the petitioners shall execute a bond for a sum of Rs.

(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 petitioner 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/- 16/08/2021 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, THIRUVOTTIYUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ENNORE POLICE STATION, CHENNAI .

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S M.VINOTH Advocate on payment of necessary charges SR.NO.8605 CRL OP.14408/2021 Date :16/08/2021 CSK 23/08/2021