K.P.Shailendra Prabhu v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Ninth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20400 of 2021 1 K.P.SHAILENDRA PRABHU [ PETITIONERS / ACCUSED ] 2 K.PALANISWAMI Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SOORAMANGALAM, SALEM - 636 016.

(CR.NO.46/2021) For Petitioner : M/S. RAJESWARIKARTHIKEYAN 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 at the hands of the respondent police for the alleged offence under Sections 498A, 506 (i)) IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002 in Cr.No.46 of 2021, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant and the 1st petitioner were in love each other and got married on 11.07.2016. Further, it is alleged in the complaint that after marriage, the attitude of the 1st petitioner has changed and he along with his family members have jointly harassed the defacto complainant and demanded dowry. Hence this complaint.

3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case and hence prays for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that the investigation is pending in this case and there are no previous cases pending against the petitioners.

5. On bare perusal of the FIR, it could be seen that there is no specific overt act against the 2nd petitioner / father-in-law and it appears that the entire allegations are only against A1 / husband and therefore, considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the 2nd petitioner and since the allegation against the 1st petitioner is serious in nature, this Court in not inclined to grant anticipatory bail in respect of the 1st petitioner and therefore, this Criminal original Petition is dismissed in respect of the 1st petitioner and allowed in respect of the 2nd petitioner.

6.Accordingly, the 2nd 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 Additional Mahila Court, Salem, on condition that the petitioner 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)if the 2nd 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;

(b)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; (c)the 2nd petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

(d)the 2nd petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the 2nd petitioner shall not abscond 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 2nd petitioner in accordance with law as if the conditions have been imposed and the 2nd 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;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 29/10/2021 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 ADDITIONAL MAHILA COURT, SALEM.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SOORAMANGALAM, SALEM - 636 016.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. RAJESWARIKARTHIKEYAN Advocate on payment of necessary charges SR.NO.12254 CRL OP.20400/2021 Date :29/10/2021 CSK 10/11/2021