Pradheepa v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Eleventh day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21203 of 2021 1 PRADHEEPA [ PETITIONERS / ACCUSED ] 2 SENTHIL KUMAR Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AWPS DHARAPURAM POLICE STATION, TIRUPPUR DISTRICT.
CR.NO. 10/2021.
For Petitioner : M/S. K.SUDHAKAR Advocate For Respondent : MR. N.S.SUGANTHAN, 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 under Sections 294(b), 493, 417, 506(i) of IPC in Cr.No.10 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners are sisterin-law and brother-in-law of the accused/A-1. The defacto complainant had love affair with A-1 and got married without the consent of both the families and they had sexual relationship. The petitioners are alleged to have supported A-1 for performing another marriage with some other girl and when the same was questioned by the defacto complainant, the petitioners and A-1 abused her in filthy language. Hence, the defacto complainant lodged a complaint 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 there is no proof for the marriage performed between A-1 and the defacto complainant. Hence, he prays to grant anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl.side) submits that the petitioners are in-laws of A-1 and they are alleged to have suppressing the earlier marriage, they have arranged for another marriage for A-1 with another girl. He further submits that there are no previous case pending against the petitioners. However, he vehemently opposed for granting anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and that there was matrimonial dispute between petitioners and the defacto complainant, 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, Dharapuram 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 on every Friday at 10.30 a.m. for a period of four 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/- 11/11/2021 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, DHARAPURAM.
2 THE CHIEF JUDICIAL MAGISTRATE, TIRUPPUR DISTRICT (FOR INFORMATION).
3 THE INSPECTOR OF POLICE, AWPS DHARAPURAM POLICE STATION, TIRUPPUR DISTRICT.
4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
+1 CC to M/S. K.SUDHAKAR Advocate on payment of necessary charges SR.NO.12732 CRL OP.21203/2021 Date :11/11/2021 INBA-18/11/2021