Ganesh v. The State Repby
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twelfth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice SATHI KUMAR SUKUMARA KURUP CRIMINAL ORIGINAL PETITION No.19456 of 2021 GANESH [ PETITIONER / ACCUSED ] Vs THE STATE REPBY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVALLUR, THIRUVALLUR DISTRICT CR NO.17/2021 For Petitioner : M/S.V.ARUNKUMAR Advocate For Respondent : MR.A.GOKULAKRISHNAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences under Section 498(A) of I.P.C and Section 4 of the Women Harassment Act and Section 4 of Dowry Prohibition Act in Cr.No.17 of 2021, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused harassed the defacto complainant, who is the wife of the petitioner and demanded dowry. Hence the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner filed a Divorce application in H.M.O.P.No.488 of 2021 which is now pending before the learned Subordinate Judge, Poonamallee. Hence he prays for grant of anticipatory bail.
4.The learned Additional Public Prosecutor submitted that the this case arose out of a matrimonial dispute and a case has been registered. Hence, he strongly opposed to grant of anticipatory bail to the petitioner.
5. Considering the submission of the learned counsel for the petitioner that already a petition in HMOP No.488 of 2021 is pending before the learned Subordinate Judge, Poonamalle, this court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is granted anticipatory bail and he 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 Judicial Magistrate Court-I, Tiruvallur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), 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)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (c)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; (d)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;
(e)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(f)the petitioner shall not abscond either during investigation or trial;
(g)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 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]; and;
(h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 12/10/2021 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.I, TIRUVALLUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVALLUR, THIRUVALLUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUBORDINATE JUEGE, POONAMALLEE +2 CC to M/S.V.ARUNKUMAR Advocate on payment of necessary charges Sr.11442 CRL OP.19456/2021 Date :12/10/2021 RVR 18/10/2021