Madras High CourtCRL OP(MD)/3102/2018ordered

Lakshmi, v. The Inspector Of Police,

2018-03-02Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.3102 of 2018 LAKSHMI, ... PETITIONER/ACCUSED (RANK NOT KNOWN) Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT.

IN CRIME NO.54 OF 2017. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.SENGUTTUARASAN Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A4, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498-A and 406 of IPC., and Section 4 of Dowry Prohibition Act, in Crime No.54 of 2017, seeks anticipatory bail.

2. The case of the prosecution is that at the time of marriage between the defacto complainant and the first accused, the defacto complainant's family has given 50 sovereigns of gold jewels as dowry to the first accused. Subsequently, the parents of the first accused pledged those jewels and not returned the same to the defacto complainant. Thereafter, they harassed the defacto complainant by demanding 15 sovereigns of gold jewels and Rs.5,00,000/- as additional dowry. Hence, the present case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, she is no way connected with the alleged offence and pleads for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing

for the respondent submitted that totally there are four accused in this case and the petitioner herein is A4, who is the relative of A1. He further submitted that the investigation is in progress.

5. The submissions made by the learned counsels appearing for either side are considered. The petitioner herein is the relative of A1, who is the main accused in this case. It is alleged that during the time of occurrence, the petitioner and other accused in this case, ill-treated the defacto complainant by demanding more dowry. As of now, the other accused in this case were already granted with anticipatory bail. So, considering the relationship between the petitioner and A1 in this case, this Court came to the conclusion that custodial interrogation may not be necessary for completing the investigation. Therefore, considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Thirumangalam, on condition that the petitioner shall execute a bond for a sum of Rs.

(i) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(iii) the petitioner shall not abscond either during investigation or trial;

(iv) on breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioner shall stand automatically cancelled and 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 bail by the 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].

sd/- 02/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.P.SENGUTTUARASAN Advocate SR.No.3464

ORDER

IN CRL OP(MD) No.3102 of 2018 Date :02/03/2018 SMA/CSL/SAR-3/09.03.2018:3P/6C