S. Sathyamoorthy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.23381 of 2021 S.Sathyamoorthy ... Petitioner

Versus

The State represented by The Inspector of Police, W-1, All Women Police Station, Thousand Lights, Chennai - 600 006.

(Crime No.09 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.9 of 2021 on the file of the respondent police.

For Petitioner : Mr.V.Karthikeyan For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor *********

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 498A, 294(b), 506(ii) of IPC in Crime No.9 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant has given a complaint dated 23.07.2021 before the respondent police against the petitioner as well as his elder brother and his mother that they were demanding dowry from her parents for construction of a new house and after the receipt of the said complaint, the respondent did not conduct any enquiry with the petitioner and other two persons. 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. Hence, he prays for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that due to dowry harassment the defacto complainant was left to her parents home. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, that the petitioner is employed in Central Government and the divorce proceedings have pending, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned (*)District Munsif cum Judicial Magistrate Court, parangipettai 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as maintanance to the wife of the petitioner to her account on every First week of English Calendar from the date of receipt of a copy of this order and shall produce the said receipt before the Court below until any modification of the concerned Court, failing which the order will be cancelled.

[b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[c] the petitioner is directed to report before the respondent police on every Sunday at 10.30 a.m., until further orders;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 06/12/2021 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.

(*)AMENDED AS PER ORDER OF THIS COURT DATED 04/01/2022 MADE IN CRL.MP.No.14425 OF 2021 IN CRL.O.P.No.23381 OF 2021 TO (*)1 THE DISTRCT MUNSIF CUM JUDICIAL MAGISTRATE, PARANGIPETTAI.

2 THE DISTRCT MUNSIF CUM JUDICIAL MAGISTRATE, CUDDALORE.

3 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION].

4 THE INSPECTOR OF POLICE, W-1, ALL WOMEN POLICE STATION, THOUSAND LIGHTS, CHENNAI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

COPY TO -DO-THRO POLICE STATION (DEFACTO COMPLAINANT / WIFE OF PETITIONER) THE INSPECTOR OF POLICE, W-1, ALL WOMEN POLICE STATION, THOUSAND LIGHTS, CHENNAI.

+1 CC to M/S. V. KARTHIKEYAN Advocate on payment of necessary charges SR.NO.171 CRL OP.23381/2021 Date :06/12/2021 JPA 15/12/2021 JPA 12/01/2022