Kanagamani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4005 of 2019 1.KANAGAMANI 2 BARATHKUMAR 3 PRANITHA ... PETITIONER / ACCUSED Nos.2 to 4 Vs THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, UTHAMAPALAYAM, THENI.

(CRIME NO.7/2019) ... RESPONDENT / INVESTIGATION AGENCY For Petitioners : MR.DHANA ARAVINDHA BALAJI for M/S DHANALAW ASSOCIATES Advocate For Respondent : MR.K.SUYMABULINGA 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 294(b), 506 (ii), 498(A), 406 of IPC r/w. Section 4 of D.P.Act ,1961 in Cr.No.7 of 2019, on the file of the respondent police, seek anticipatory bail.

2.The first petitioner is the mother-in-law and second petitioner is the brother-in-law of the defacto complainant and the third petitioner herein is the second petitioner's wife. The case of the prosecution is that the marriage between the first accused and the defacto complainant was solemnized on 26.01.2011 and out of their wedlock they got two female child aged about 8 years and 4 years respectively. Thereafter A1 started harassing the defacto complainant demanding more 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 persons. He would also submit

that they are only in-laws.

4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that investigation is pending. 5.Considering the facts and circumstances and considering the fact that the petitioners are in-laws and they is no serious allegations against them, 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, Uthamapalayam 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 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;

(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/- 18/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, UTHAMAPALAYAM, THENI.

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

+1. CC to M/S. DHANALAW ASSOCIATES Advocate SR.No.5042

ORDER

IN CRL OP(MD) No.4005 of 2019 Date :18/03/2019 AE/PN/SAR-II/20.03.2019/4P/6C