Jaisingh 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.2350 of 2019 1.JAISINGH 2 CHANDRA 3 KANCHANA ... PETITIONERS / ACCUSED 1 TO 3 Vs STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PUDUKKOTTAI DISTRICT.

(CRIME NO.2/2019) ... RESPONDENT / COMPLAINANT For Petitioners : MR.G.GANESH KUMAR Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who are apprehending arrest at the hands of the respondent police for the alleged offence under Section 4 of D.P.Act and Sections 294(b), 406, 498(A) IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, in Cr.No.2 of 2019, on the file of the respondent police, seek anticipatory bail. 2.It is the case of the prosecution that marriage of the first petitioner was solemnized with the defacto complainant on 04.09.

2017 and at the time of marriage 30 sovereigns of gold was given as sridhana and thereafter, due to family dispute, the defacto complainant preferred a complaint before the respondent police. 3.The learned counsel appearing for the petitioner would submit that based on the complaint given by the defacto complainant, the matter was referred to the Social Welfare Officer and that after enquiry, the Social Welfare Officer filed a report on 18.09.2018 stating that there was no dowry harassment and the report was also produced before this Court.

4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that investigation is pending. 5.Considering the facts and circumstances of the case and also considering the fact that the Social Welfare Officer filed a report stating that there was no dowry harassment, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the 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, Pudukkottai, on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the petitioners shall report before the respondent police as and when required;

(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, PUDUKKOTTAI.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICRT.

3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PUDUKKOTTAI DISTRICT.

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

+1. CC to MR.G.GANESH KUMAR Advocate SR.No.3111

ORDER

IN CRL OP(MD) No.2350 of 2019 Date :14/02/2019 AE/VR/SAR-II/19.02.2019/3P/6C