K.Deepak v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1310 of 2014 1 K.DEEPAK 2 A.KANDASAMY 3 KALLAIYARASI ... PETITIONER(S) / ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE ALL WOMEN PALAYAMKOTTAI CITY P.S., TIRUNELVELI DT. CR. NO. NOT KNOWN OF 2014. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.VIJAYASHANTHI Advocate For Respondent : Mr.A.P.Balasurbramani 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 punishable under Sections 498(A), 406 and 506(i) IPC and Section 4 of Tamil Nadu Protection of Women Harassment Act in Crime No.4 of 2014 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that first petitioner got married to the defacto complainant in the year 2012 and they have no issues. It is alleged by the defacto complainant that during first Deepavali when the defacto complainant went to her in-law's house, the petitioners and others demanded a car as dowry and also Rs.1.5 lakhs in cash. She had further stated that in the complaint that the new clothes brought by her were thrown in the street by the petitioners.
3. Since the allegations made against the first petitioner is serious in nature, this Court is not inclined to grant anticipatory bail to the first petitioner. Hence, this Criminal Original Petition is dismissed in respect of the first petitioner.
4. Considering the above facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners 2 and 3. Accordingly, the petitioners 2 and 3 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 https://hcservices.ecourts.gov.in/hcservices/
Judicial Magistrate No.I, Tirunelveli District on condition that the petitioners 2 and 3 shall execute a separate separate 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] the petitioners 2 and 3 shall report before the respondent police as and when required for interrogation.
[b] the petitioners 2 and 3 shall not tamper with evidence or witness either during investigation or trial. [c] the petitioners 2 and 3 shall not abscond either during investigation or trial.
[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 2 and 3 in accordance with law as if the conditions have been imposed and the petitioners 2 and 3 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]. Petition dismissed as against first petitioner.
sd/- 09/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI 2 -Do- Through THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE ALL WOMEN PALAYAMKOTTAI CITY POLICE STATION, TIRUNELVELI DISTRICT.
TS/20.01.2015/2P-5C
ORDER
IN CRL OP(MD) No.1310 of 2014 Date :09/01/2015 https://hcservices.ecourts.gov.in/hcservices/