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Madras High CourtCRL OP(MD)/1294/2021granted

Ramar v. The Inspector Of Police

2021-03-22Honourable Mr Justice M. Nirmal Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/03/2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD)Nos.1294 & 1311 of 2021

1. Ramar

2. Poornam

3. Vanitha

4. Saritha ... Petitioners/Accused No.2to5 Vs The State rep. by The Inspector of Police, All Women Police Station, Thirumangalam, Madurai District.

Crime No. 02 of 2020. ... Respondent/Complainant Crl.O.P.(MD)No.1311 of 2021 Sivasatheesh ... Petitioner/Accused No.1 Vs The State rep. by The Inspector of Police, All Women Police Station, Thirumangalam, Madurai District.

Crime No.02/2020. ... Respondent/Complainant For Petitioner : Mr.Jegadeesh Pandian.M, (in both Crl.OPs.) Advocate.

For Respondent : Mr.R.Srinivasan, (in both Crl.OPs.) Government Advocate (Criminal Side) PETITIONS FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C COMMON PRAYER :- For Anticipatory Bail in Crime No.02 of 2020 on the file of the Respondent Police.

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COMMON ORDER : The Court made the following common order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 406 and 506(ii) IPC in Crime No.02 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the first accused and the defacto complainant are husband and wife. All the accused were said to have harassed the defacto complainant by demanding additional dowry. Hence, the complaint.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Criminal Side), appearing for the respondent police submitted that it is a matrimonial dispute and the investigation is pending.

5.Considering the above facts and circumstances of the case and considering the fact that custodial interrogation is not necessary in this case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the Additional Mahila Court, Madurai, 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 to 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioners shall appear before the respondent Police daily 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;

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(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/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDGE, ADDITIONAL MAHILA COURT, MADURAI.

2. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) Nos.1294&1311/2021 Date :22/03/2021 GNS SRS/SMA/26.03.2021/3P/4C 3/3