Kalaiselvi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.5478 of 2019 1.KALAISELVI 2 CHELLAMMAL ... PETITIONER / ACCUSED RANK NOS.2 AND 3 Vs THE STATE THROUGH THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT.
(CRIME NO.2/2019) ... RESPONDENT / COMPLAINANT For Petitioners : MR.S.J.CHAKKARAVARTHY 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 apprehend arrest at the hands of the respondent police for the alleged offence under Sections 498(A), 406 and 506(i) of IPC 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 the first petitioner is the own sister of A1 and the second petitioner is the mother of A1. The marriage was solemnized between the first accused and the defacto complainant on 20.08.2009. Thereafter, they blessed with one male and female child aged about 6 and 9 years. Due to family dispute, the defacto complainant left the matrimonial home and residing separately away from the first accused and lodged a present complaint for demand of additional dowry. 3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution.
4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that investigation is pending. 5.Considering the facts and circumstances of the case and considering the fact that the marriage was solemnized between them on 20.08.2009 and they were blessed with one male and female child and there must be some cooling off period for the first accused and the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are 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, Paramakudi, 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 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 petitioner 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/- 11/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, PARAMAKUDI.
2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MR.S.J.CHAKKARAVARTHY Advocate SR.No.6649
ORDER
IN CRL OP(MD) No.5478 of 2019 Date :11/04/2019 AE/PN/SAR-II/22.04.2019/3P/6C