K.P. Raman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.2598 of 2019 1 K.P. RAMAN 2 LAKSHMI 3 DURGADEVI 4 JEYARAMAN 5 ASHOKE ... PETITIONERS / ACCUSED Vs STATE REP. BY, THE INSPECTOR OF POLICE SOUTH GATE ALL WOMEN POLICE STATION, MADURAI CITY.

IN CRIME NO.NOT KNOWN OF 2019 ... RESPONDENT / COMPLAINANT For Petitioners : MR.C.PRABAKARAN 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 are apprehending arrest at the hands of the respondent police for the alleged offence under Sections 498(A), 406 and 506(ii) IPC r/w Section 4(1) of Women Harassment Act, in Cr.No.Not Known of 2019, on the file of the respondent police, seek anticipatory bail.

2.It is the case of the prosecution that the marriage of the defacto complainant and one Sankar was solemnized in the year 2016 and thereafter, he went to abroad. The petitioners herein, who are in-laws, harassed the defacto complainant by demanding additional dowry. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they are innocent person. 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 considering the fact that A1 in this case is still in abroad and that the petitioners herein are only in-laws, this Court is inclined to grant anticipatory bail to the petitioners. 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 No.I, 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 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 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/- 20/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO I MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI

3 THE INSPECTOR OF POLICE SOUTH GATE ALL WOMEN POLICE STATION, MADURAI CITY 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.C.PRABAKARAN Advocate SR.No.3367

ORDER

IN CRL OP(MD) No.2598 of 2019 Date :20/02/2019 MSI/PN/SAR 4/05.03.2019/3P-6C