Gayathi v. The State Rep By
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.19114 of 2021 1 GAYATHI [ PETITIONERS / ACCUSED ] 2 LAKSHMI 3 VASANTHA 4 KRISHNAENI Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AMBUR ALL WOMEN POLICE STATION, THIRUPATHUR DISTRICT.
CR. NO.10/2021 For Petitioner : M/S.T.SARAVANAN Advocate For Respondent : MR. 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 for the alleged offence punishable under Sections 294(b), 323, 506(i) IPC, 494, 498A and 4 of DP Act in Crime No.10 of 2021 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant's husband one Vijaya Babu and his family members demanding dowry and harassed the defacto complainant. It is further alleged that the said Vijaya Babu got second marriage with one Krishnaveni. Hence, the complaint.
3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) on instructions submits that the 1st , 2nd and 3rd petitioners are in-laws and they have
performed the second marriage of defacto complainant's husband with Krishnaveni/4th petitioner.
5.Considering the facts and circumstances of the case and submissions made by both counsels and there is no serious allegations made against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.
6.Accordingly, the 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, Ambur on condition that each of the petitioners shall execute separate bonds 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) the petitioners 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 petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial;
(d) the 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 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;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;
-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, AMBUR.
2 THE CHIEF JUDICIAL MAGISTRATE, VELLORE DISTRICT (FOR INFORMATION).
3 THE INSPECTOR OF POLICE, AMBUR ALL WOMEN POLICE STATION, THIRUPATHUR DISTRICT.
4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
+1 CC to M/S.T.SARAVANAN Advocate on payment of necessary charges SR.NO.11303 CRL OP.19114/2021 Date :08/10/2021 INBA-25/10/2021