Kotteshwaran v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Thirty First day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15611 of 2021 1 KOTTESHWARAN [ PETITIONERS / ACCUSED ] 2 VASANTHAMMAL 3 SUDHA 4 AMMULU Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUTHANI, TIRUVALLUR DISTRICT.
CRIME NO.1/2021.
For Petitioner : M/S T.MURUGANANTHAM 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), 498 (a) of I.P.C and section 4 of Dowry Prohibition Act in Cr.No.1 of 2021, seek anticipatory bail.
2. The case of the prosecution is that the petitioners herein are in-laws of the defacto complainant. A1 and the defacto complainant got married on 20.05.2018. The defacto complainant was harassed by her in -laws demanding dowry along with Rs.2,00,000/-. It is the further case of the defacto complainant that she was not permitted to stay in her matrimonial house due to demand of dowry by her in-laws. Hence this complaint.
3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the defacto complainant was having a love affair even before the marriage with one person and by supressing the fact she got married to A1. When A1 came to know about the love
affair, he did not want to live with the defacto complainant. Hence prays for grant of anticipatory bail.
4.The learned Additional Public Prosecutor submitted that the investigation is pending. Hence he strongly opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are granted anticipatory bail and they 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 Judicial Magistrate Court-I, Tiruvallur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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)if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (c)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;
(d)the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;
(e)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(f)the petitioners shall not abscond either during investigation or trial;
(g)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;
(h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 31/08/2021 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.I, THIRUVALLUR.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUTHANI, TIRUVALLUR DISTRICT.
CC to M/S T.MURUGANANTHAM Advocate on payment of necessary charges CRL OP.15611/2021 Date :31/08/2021 TA-14/09/2021