T.Veeraiyan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Eighth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.20951 of 2021 1 T.VEERAIYAN [ PETITIONERS / ACCUSED ] 2 V.THAVAMANI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUVARUR DISTRICT.
(CRIME NO.5/2021) For Petitioner : M/S.S.PARTHASARATHI Advocate For Respondent : MR.N.S.SUGANTHAN, Counsel for Govt.Public Prosecutor 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 under Sections 498A, 294(b) & 506(ii) of IPC in Cr.No.5 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners along with their son made dowry harassment and threatened the defacto complainant by using filthy language. Thereby, the law enforcing agency registered a case against the petitioners. 3.
The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that though this Court had granted anticipatory bail in Crl.O.P.No.8486 of 2021 dated 06.05.2021, the petitioner could not submit the sureties before the concerned court due to covid-19 pandemic thereby, the early order stands dismissed. Hence, the second anticipatory bail petitioner was filed by the petitioners. Accordingly, he prays to grant anticipatory bail to the petitioners.
4.The learned Public Prosecutor appearing for the respondent submits that the petitioners along with their son made dowry harassment and threatened the defacto complainant by using filthy language. He further submits that this is the second anticipatory bail petition filed by the petitioners. Hence, he vehemently opposed for granting anticipatory bail to the petitioners.
5. Considering the fact that due to covid-19 pandemic, the petitioners could not submit the sureties before the concerned court, 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, Tiruvaru, on condition that the petitioners shall execute a bond 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/- 08/11/2021 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, THIRUVARUR.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUVARUR DISTRICT.
+2 CC to M/S.S.PARTHASARATHI Advocate on payment of necessary charges SR.NO.12489 CRL OP.20951/2021 Date :08/11/2021 TA-15/11/2021