Madras High CourtCRL OP/19054/2021dismissed

M.Kesavakumar v. State Rep By

2021-10-08Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eighth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19054 of 2021 1 M.KESAVAKUMAR [ PETITIONERS / ACCUSED ] 2 P.MANI 3 M.LAILA Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLCE, ALL WOMEN POLICE STATION, THIRUPATTUR.

CR.NO.11 OF 2021.

For Petitioner : M/S. M.VENKADESHAN Advocate For Respondent : M/S.C.E.PRATAP, Govt. Advocate (Crl.Side) For Intervener : MR.E.KANNADASAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehends arrest for the alleged offence punishable under Sections 498A and 494 of IPC r/w Section 4 of Dowry Prohibition Act in Crime No.11 of 2021 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner is husband and petitioners 2 and 3 are in-laws of defacto complainant and that the petitioners ill-treated the defacto complainant by demanding more dowry and the first petitioner has got second marriage with one Karpagam without getting any divorce. Hence, the complaint. 3.The learned counsel appearing for the petitioners submits the petitioners are no way connected with the offence as alleged by the prosecution and they have been falsely implicated in this case. Therefore, he prays for grant of anticipatory bail to the petitioners.

4. Mr.E.Kannadasan, the learned counsel for the Intervenor vehemently opposed for grant of bail to the petitioners.

5. The learned Government Advocate (Crl.Side) submits that there was a matrimonial dispute between the first petitioner and the defacto complainant, the present complaint has been filed. 6.Considering the facts and circumstances of the case and the submissions made by both counsel, there is a serious allegations made against the first petitioner, this Court is not inclined to grant anticipatory bail to the 1st petitioner. With regard to 2nd and 3rd petitioners, being the in-laws of the defacto complainant and there is no specific overtact against them, this Court is inclined to grant anticipatory bail to 2nd and 3rd petitioners. 7.

Accordingly, the 2nd and 3rd 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.1, Thirupathur on condition that each of the petitioners shall execute bonds for a sum of Rs.

(b) the 2nd and 3rd petitioners being the Senior Citizens shall report before the respondent police as and when required for interrogation;

(c) the 2nd and 3rd petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the 2nd and 3rd 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 2nd and 3rd petitioners in accordance with law as if the conditions have been imposed and the 2nd and 3rd petitioners are 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.

7. With the above directions, this Criminal Original Petition in respect of the first petitioner stands dismissed. The Criminal Original Petition in respect of the the 2nd and 3rd petitioners stands ordered.

-sd/- 08/10/2021 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.1, THIRUPPATHUR.

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

4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUPATTUR.

+1 CC to M/S. M.VENKADESHAN Advocate on payment of necessary charges SR.NO.11268 +1 CC to M/S.E.KANNADASAN, Advocate on payment of necessary charges SR.NO.11297 CRL OP.19054/2021 Date :08/10/2021 TA-26/10/2021