S. Sundarapandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourteenth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.21861 of 2018 1 S. SUNDARAPANDI 2 S. VELLAIYAMMAL 3 M. SEETHALAKSHMI 4 R. KRISHNAVENI 5 V. SUNDARI @ SUNDARESWARI 6 G. KARTHIKA VENI 7 K. NAGARANI ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NILAKOTTAI, DINDIGUL DISTRICT.

IN CRIME NO. 16 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.J.BARATHAN, Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government 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 offences under Sections 498(A), 294(b), 323, 506(i) IPC, in Cr.No.16 of 2018 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the marriage was solemnised between the defacto complainant and the first accused on 23.12.2015, thereafter they blessed with one male child. The first accused along with other accused demanded more dowry from the defacto complainant. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution. The first accused was arrested and the petition filed by him for bail was dismissed. The petitioners are only in-laws of the defacto complainant and there is no specific allegations against them. Hence, he prayed for anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing for the State would submit that the petitioners are in-laws of the defacto complainant and investigation is pending.

5.Considering the facts and circumstances of the case and since there is no specific allegation against these petitioners, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, 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, Nilakottai, 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 learned Magistrate 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 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/- 14/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NILAKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NILAKOTTAI, DINDIGUL DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.T.R.JEYAPALAM, Advocate ( SR-3124[I] dated 14/02/2019 )

ORDER

IN CRL OP(MD) No.21861 of 2018 Date :14/02/2019 JM/PN/SAR 1/21.02.2019/3P/6C