Panchatsaram v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Nineteenth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD) No.852 of 2018 1 PANCHATSARAM 2 MANKALESWARI 3 NAGALAKSHMI ... PETITIONER/ACCUSED 2,4,5 Vs THE STATE OF TAMILNADU, REP.BY ITS, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PARMAKUDI, RAMNAD DISTRICT.

CRIME NO. 7/2016 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.T.MUNEESWARAN Advocate For Respondent : M/S.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A2, A4 and A5, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 498 A, 494 and 506(i) I.P.C., and Section 4 of Dowry Prohibition Act, in Crime No.7 of 2016, seeking relief to grant of anticipatory bail.

2.The case of the prosecution is that the marriage was solemnized between the first accused and the defacto complainant and the first accused demanding more dowry driven out the defacto complainant from the matrimonial house and also got second marriage. Hence, the defacto complainant lodged the present complaint against the accused.

3.The learned counsel appearing for the petitioners submitted that based on the false complaint given by one Ramadevi, a case has been registered by the respondent against the petitioners and some other persons. He further submitted that the petitioners have not committed any offence as alleged by the Defacto

complainant. He further submitted that already the Accused Nos.1 and 3 were granted anticipatory bail by this court. Hence, the present petitioners seek anticipatory bail.

4.The learned Government Advocate (Crl.side) has fairly conceded that the Accused Nos.1 and 3 were already granted anticipatory bail by this Court. However, he raised objections for granting anticipatory bail to the petitioners by saying that the investigation is still pending.

5. Taking into consideration of the facts and circumstances of the case and also the fact that already this Court granted anticipatory bail to the accused Nos.1 and 3, I am inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, they 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 Court, Paramakudi, Ramnad District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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: (i) the petitioners shall report before the respondent Police daily at 10.00 a.m. for a period of four weeks and thereafter as and when required for the purpose of interrogation.

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii)the petitioners shall not abscond either during investigation or trial.

(iv) On breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioners shall stand automatically cancelled and the learned Magistrate/Trial Court is entitled to take appropriate action against the petitionesr 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].

sd/- 19/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI, RAMNAD DISTRICT 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, RAMANATHAPURAM 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PARMAKUDI, RAMNAD DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.MUNEESWARAN Advocate SR.No.957

ORDER

IN CRL OP(MD) No.852 of 2018 Date :19/01/2018 PK/RR/SAR-2/23.01.2018 : 3P/6C