Dilli Babu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.17760 of 2020 Dilli Babu .. Petitioner Vs.

The State rep. by The Sub Inspector of Police All Women Police Station Ambur, Vellore District Crime No.10 of 2020 ..Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.10 of 2020 pending on the file of the respondent police.

For Petitioner : Mr.S.Thirugnanam For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 498(A) and 323 of IPC in Crime No.10 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the de-facto complainant Swetha is that the marriage between the de-facto complainant and the petitioner took place during the year 2013 and they have two children. The further allegation is that the petitioner had illegal affair with another woman and started harassing the de-facto complainant.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false complaint has been given against the petitioner due to matrimonial dispute. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor vehemently opposed stating that the marriage between the de-facto complainant and the petitioner took place during the year 2013 and they got two children. He would further submit that the petitioner had developed illicit intimacy with another woman and thereafter, harassed and causing cruelty on the de-facto complainant demanding dowry.

5. Taking into consideration the facts and circumstances of the case and also the submissions made by the learned counsels, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

a) 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 Additional District Munsif cum Judicial Magistrate, Ambur,Vellore District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, 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, failing which , the petition for anticipatory bail shall stand dismissed and on further condition that:

[b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [c] the petitioner shall report before the respondent police daily at 10.30 a.m until further orders.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

6. With the above directions, this Criminal Original Petition is ordered.

-sd/- 10/11/2020 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 ADDITIONAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, AMBUR, VELLORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AMBUR, VELLORE DISTRICT CC to M/S S.THIRUGNANAM Advocate on payment of necessary charges Sr.7538 CRL OP.17760/2020 Date :10/11/2020 RVR 20/11/2020