Hemachandran v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Seventh day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16191 of 2021 HEMACHANDRAN [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVALLUR, THIRUVALLUR DISTRICT.
(CRIME NO.19/2021) For Petitioner : M/S.R.SASIKUMAR Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest for the alleged offence under Sections 294(b), 323, 498-A and 506(i) of IPC and Section 4 of Women Harassment Act and Section 4 of Dowry Prohibition Act in Cr.No.19 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner and the defacto complainant are husband and wife. Their marriage was solemnized in the year 2008 and they were blessed with two female children. The petitioner harassed the defacto complainant and demanded dowry of Fifty lakhs and he also abused and assaulted the defacto complainant with hands. Hence the defacto complainant lodged a complaint against the petitioner before the respondent Police. Thereafter, the Law Enforcing Agency registered a case against the petitioner.
3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and there was only wordy quarrel between them and he has been falsely implicated in this case. Hence, the learned counsel appearing for the petitioner prays to grant anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl side) submits that there was no serious allegations made against the petitioner.
5. Considering the facts and circumstances of this case, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on anticipatory 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.I, Thiruvallur, 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.m. For a period of two weeks and thereafter, as and when required for interrogation;
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner 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 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/- 07/09/2021 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.
1 THE JUDICIAL MAGISTRATE NO.I, THIRUVALLUR.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVALLUR , THIRUVALLUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges SR.NO.9697 CRL OP.16191/2021 Date :07/09/2021 CSK 21/09/2021