A.Manimaran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.20234 of 2020 A.Manimaran .. Petitioner Vs.

The State rep. by The Inspector of Police All Women Police Station Kallakurichi & District Cr.No.20 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.20 of 2020 pending investigation on the file of the respondent police. For Petitioner : Mr.G.Balamanikandan 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 294(b), 353, 498A and 506(i) of IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act and Section 4 of the Dowry Prohibition Act, in Crime No.20 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the de-facto complainant Sitharanjani is that she is a Dentist and her husband is also a Dentist. The marriage between the de-facto complainant and the 1st accused, namely, Karthick took place on 03.06.2020. The allegation is that after the marriage, the 1st accused along with his father (A2), who is the petitioner herein, demanded additional dowry and also harassed and abused her.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he is the father of A1. He would further submit that due to matrimonial dispute between the petitioner's son and the de-facto complainant, a false complaint has been given. He would further submit that A1 has been arrested and released on bail by the Judicial Magistrate No.I, Kallakurichi on 12.12.2020 and there is a chance for reunion. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner is father of A1. The allegation is that the petitioner along with his son abused and harassed the de-facto complainant and demanded additional dowry from her. He would further submit that A1 has been arrested and enlarged on bail.

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 Judicial Magistrate No.I, Kallakurichi, 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 for a period of two weeks and thereafter, on every Monday at 10.30 a.m until further orders. [e] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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 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].

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

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

-sd/- 22/12/2020 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 JUDICIAL MAGISTRATE NO.I, KALLAKURICHI.

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

4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KALLAKURICHI AND DISTRICT.

+1CC to G.BALAMANIKANDAN Advocate on payment of necessary charges SR NO.8619 CRL OP.20234/2020 Date :22/12/2020 MK:04/01/2021